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(영문) 창원지방법원 2021.01.15 2020노2686
국민보호와공공안전을위한테러방지법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (a two-year imprisonment and an additional collection of KRW 722,80) of the lower court’s punishment (a year and additional collection of KRW 722,80) is too unreasonable. The prosecutor asserts that the lower court’s punishment is too unfeasible and unfair.

2. The instant crime focuses on the fact that the Defendant was absent from Islamic stimulism, thereby seeking to commit an anti-humanistic crime, such as vehicle bombs, and committed it with knowledge that it was funds for the purchase of weapons in order to support a group of terrorism B, which is an organization that implements it. As such, the act of providing funds to a terrorist organization is essential for the existence of a terrorist organization, and thus, it is necessary to strictly punish such act regardless of the amount of funds, and some of the funds provided by the Defendant is actually delivered to a terrorist organization.

On the other hand, the fact that the defendant repents the defendant's wrong and reflects the crime of this case, and that the defendant does not have any record of punishment in Korea is favorable.

In full view of such circumstances and all of the sentencing conditions as seen in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable as it is too heavy.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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