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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B Imprisonment with prison labor of one year and six months and fine of thirty thousand won.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants (one year and six months of imprisonment, and fines of 40,000,000, and confiscation) are too unreasonable.
2. Determination
A. As to the portion of imprisonment with prison labor for the crime of causing injury to the performance of special duties in the Republic of Korea, when Defendant A escaped during the course of operation without permission in the exclusive economic zone of the Republic of Korea, the lower court ordered the Defendants to install additional hacks, which is a very dangerous object that can be seen as a private line, and Defendant B operated the ship as a hacker, thereby inducing a collision with the speed of high speed. The police officers who attempted to commit such act in the course of operation of the ship as a hacker, fall short of the speed of high speed, and fall short of the speed of police officers. The other police officers committed the crime committed by the Defendants, taking into account the fact that the risk of death is high when the police officers fall flick or fall on the sea due to the crime committed by the Defendants, while considering the circumstances unfavorable to the Defendants, the Defendants led to the confession of all crimes by the Defendants, and the Defendants did not give more favorable instructions to the police officers on board the ship to the Defendants, and did not give any specific punishment to the Defendants within the scope of punishment.
The judgment of the court below is deemed to have been made within the reasonable scope of discretion by taking into account all the conditions of sentencing specified in the argument of this case, such as the motive and background, means, and consequence of the crime causing injury to the performance of official duties in this case, and the circumstances after the crime, etc., and it cannot be deemed that it was unfair because it was excessively unreasonable compared to the extent of the Defendants’ responsibility. Thus, the Defendants’ sentencing for the sentence of imprisonment portion among each punishment sentenced by the court below is unfair.