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(영문) 대구지방법원 2014.01.15 2013노1535
무고교사
Text

The appeal filed by the prosecutor and the defendant V, X, Y, and AD shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant V, X, Y, AD, and the Prosecutor asserted that each type of punishment (Defendant V, X, X, Y, and AD, each of which the lower court sentenced to Defendant V, X, Y, and AD (Defendant V, X, and AD: KRW 4 million each of the fines, and KRW 5 million each of the fines: the above Defendants are too heavy, and the Prosecutor is too weak.

B. The prosecutor's court below's each sentence sentenced to the defendant W, Z, AA, and AB (the fine of two million won for the defendant W, the defendant's Z, AB: each fine of four million won for the defendant, and the defendant AA: the fine of five million won for the defendant) is too uneased and unfair.

2. The crime of this case aims to prevent certain Defendants from being transferred to other regional prisons, and thus, it is very good to systematically obstruct the State's criminal justice authority by having other Defendants, who are under the control of minor criminal punishment, and thus, the crime of this case is committed. However, in full view of various sentencing conditions under Article 51 of the Criminal Act, including the Defendants' age, character and conduct, environment, criminal records, family relationship, the degree of the Defendants' participation in the crime of this case, relationship between the participants, means and consequence, etc., the sentencing of the lower court is deemed appropriate, and it is not deemed that it is too poor or unreasonable. Accordingly, all the arguments of the Prosecutor and Defendant V, X, Y, and AD are without merit.

3. In conclusion, since all appeals filed by the prosecutor and the defendant V, X, Y, and AD are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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