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(영문) 청주지방법원 2016.06.02 2015노962
범인도피교사등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The Defendant disposed of vehicles.

The defendant is not healthy.

Circumstances unfavorable to the defendant are as follows:

The Defendant was sentenced to a fine of one million won in 2003, a fine of 1.5 million won in 2004, a fine of three million won in 2007, and a fine of three million won in 2007 due to a violation of Road Traffic Act on May 13, 201, and was sentenced to a suspended sentence of two years in August and three months in September 21, 201, and was sentenced to a violation of Road Traffic Act (unlicensed Driving) on September 21, 201, and committed the instant crime during the period of a repeated offense after the completion of the execution of the sentence. The Defendant is bad for the Defendant to commit the instant crime during the period of a repeated offense.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the sentence of the Defendant is inevitable. As such, it cannot be said that the lower court’s sentence is too unreasonable.

However, the decision to suspend the execution of detention shall not be revoked in consideration of the health conditions of defendants.

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

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