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(영문) 광주지방법원 2013.10.30 2013노1538
공전자기록등불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by Defendant B and the defense counsel is unreasonable in light of the following: (a) the Defendants led to confession of the facts charged in the instant case and are in violation of their depth; (b) the Defendants committed the instant crime in the first instance court; and (c) the Defendants did not receive money from the disguised marriage brokers up to now; and (b) Defendant A introduced Defendant B to the said business entity; and (c) merely did not introduce the said business entity, the lower court’s punishment of KRW 5,00,000 and fine of KRW 3,00,000 against Defendant B is too unreasonable.

2. In light of the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character and conduct, environment, etc. of the Defendants, including the factors favorable to and unfavorable to the Defendants, as well as the factors of sentencing, the lower court’s respective punishment is too unreasonable even if considering the circumstances alleged in the grounds of appeal. Thus, the Defendants’ above assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

(However, since the reasoning of the judgment of the court below is obvious that "- Defendant A" is a clerical error of "each", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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