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(영문) 의정부지방법원 2020.02.13 2019노3284

범인도피

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentencing division (a fine of KRW 5 million is imposed on Defendant A, Defendant B, and one year’s imprisonment)

B. The Prosecutor (Defendant A)’s sentencing and warning

2. Determination

A. We examine the sentencing judgment of Defendant A ( Both appeals) and the sentencing conditions asserted by both parties are already considered in the court below’s determination of the punishment, and the sentencing judgment of the court below did not deviate from the reasonable scope of discretion, and there is no change in the sentencing conditions in the court below.

Therefore, both parties do not accept the allegation of unfair sentencing.

B. The judgment of sentencing against Defendant B (Defendant’s appeal) and the fact that the Defendant recognized and reflected the instant crime, etc. are favorable to the Defendant, but the Defendant committed the instant crime during the period of suspended execution as well as the fact that the Defendant committed the instant crime during the period of suspended execution. It is not determined that the lower court’s punishment is too unreasonable in light of the following factors: Defendant’s age, character and behavior, environment, family relationship, motive for and method of the instant crime, details and method of the crime, circumstances after the crime, etc.

Therefore, we cannot accept the defendant's argument during the sentencing.

3. In conclusion, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the prosecutor are without merit. It is so decided