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(영문) 서울동부지방법원 2016.07.22 2015노985 (1)
범인도피교사등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentence of the court below that sentenced a fine of 5,00,000 won to the defendant is too unreasonable in light of the fact that the defendant did not actively lead the crime and that it is very difficult to economicly.

In addition to the above circumstances alleged by the Defendant and his defense counsel, even considering the equity between the case where the instant crime has been finally and conclusively sentenced to imprisonment for 6 months and the case where the said crime has been adjudicated concurrently with the offense of violation of the Narcotics Control Act which has been executed, the Defendant is not aware of having been sentenced to imprisonment for the offense of violation of the Narcotics Control Act, and is also subject to repeated crimes. In addition, the Defendant is also subject to repeated crimes by taking account of the fact that the offense of avoidance is difficult to discover substantive truth and thus, it is necessary to strictly punish the offender as an offense obstructing the State’s proper criminal judicial action, and other circumstances that are the conditions for sentencing such as the Defendant’s age, environment, etc., it cannot be said that the sentence of the lower court is too unreasonable.

Therefore, 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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