(영문) 서울중앙지방법원 2016.04.01 2016노100

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크기(pt)

굵기

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자간(%)

(영문) 서울중앙지방법원 2016.04.01 2016노100

범인도피

Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentencing of the first instance judgment (six months of imprisonment) against the defendant is too unreasonable in light of the relationship with the criminal and the circumstances leading up to the crime, the reflectivity of the defendant, etc.

2. The instant crime is not very good in that the Defendant actively assisted the escape of the offender E during a considerable period of time and played a critical role in the departure of E from Korea.

However, in full view of the circumstances favorable to the Defendant, such as the confession of the instant crime and the fact that the Defendant was the primary offender, the Defendant appears to have been unable to refuse the request of E as a relative relationship with E, etc., and other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and means of the instant crime, etc., the first deliberation punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. Thus, the defendant's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court of first instance. Therefore, it is accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 151 (1) of the Criminal Act ( comprehensively including, but not limited to, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (the conditions favorable to the defendant in the above 2.)

참조조문

-형법 제62조 제1항

-형법 제151조 제1항

유사 판례

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-서울중앙지방법원 2017.02.10 2016노3173

-서울서부지방법원 2018.10.26 2018고단2413