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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts, misunderstanding of legal principles, or omission of judgment is aware of the fact of the receipt of nominations for himself, and expressed his intention of voluntary return to the Korean Embassy stationed in the Philippines. Although this constitutes “self-denunciation” under Article 52(1) of the Criminal Act, the lower court did not apply Article 52(1) of the Criminal Act but omitted the application of the provision on discretionary mitigation, and even though the Defendant submitted 30 times or more against his mistake, the application of the provision on discretionary mitigation was omitted. 2) In light of the degree of the Defendant’s participation in unfair sentencing, etc., the sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination:
A. 1) Determination of the defendant's assertion of mistake of facts, etc. 1) Even though the defendant's act of recognizing the fact of acceptance of nominations for himself and expressing his intention of voluntary return to the Korean Embassy stationed in the Philippines constitutes a voluntary reduction of punishment under Article 52 (1) of the Criminal Act, it is merely a reason for voluntary reduction of punishment. Thus, the court below cannot be deemed unlawful on the ground that the court below did not render legal mitigation of punishment against the defendant. 2) The discretionary mitigation provision of Article 53 of the Criminal Act can be arbitrarily mitigated only when there are reasons for considering the circumstances of the crime. Thus, even if the defendant submitted a written rebuttal several times, the court below did not apply the discretionary mitigation provision to the defendant.
The defendant's assertion does not seem to have any appearance or reason.
B. The total amount of the indicted crimes against the Defendant and the Prosecutor’s assertion of unfair sentencing is not much high, the confessions and reflects all the indicted crimes, the Defendant was arrested by stating his voluntary return intent to the Embassy in the Philippines, and the AJ and Q among the victims were punished against the Defendant.