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Defendant
The judgment of the first instance against A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
However, the defendant A.
Reasons
1. The summary of the grounds for appeal (in case of Defendant A: Imprisonment for 8 months; imprisonment for 4 months; suspension of execution for 1 year; and community service 120 hours) of the lower court is excessively unreasonable.
2. Determination
A. Defendant A’s each of the instant crimes is acknowledged as having interfered with the criminal justice activities such as investigation of the offender by having Defendant A drink alcohol and make Defendant F make a false confession, thereby obstructing the criminal investigation, etc., causing assaulting the victim H, and the nature of the crime is bad, the degree of injury of the victim H is not easy, and the Defendant has a history of criminal punishment for violent crimes.
However, considering all the circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and method of the crime, circumstance after the crime, etc., the court below's punishment is somewhat inappropriate, taking into account the following circumstances: (a) the defendant's act of making a confession of the crime of this case late in the last two months; (b) the victim He made efforts to recover from damage during the period of the trial; and (c) the defendant agreed smoothly with the above victim; (d) the crime of aiding and abetting the criminal of this case is likely to cause a traffic accident under the influence of drinking; and (e) the defendant has no criminal record over the suspension of execution.
Therefore, Defendant A’s assertion is justified.
B. It is recognized that the above defendant F led to the confession and reflect of the crime of this case, there are no criminal records of the same kind, and the defendant F was unable to refuse the request from the defendant A of pro-friendly and pro-Japanese job offering, which led to the crime of this case, and thereafter, the defendant F voluntarily surrenders to investigation agencies.
However, this case where Defendant F knew that he was an offender and made a false statement to an investigative agency, thereby allowing the superior defendant A, who is an offender, to escape.