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(영문) 대구지방법원 2019.07.19 2019노978
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the accused surrenders himself to the police, the punishment of the lower court (one year and six months of imprisonment and additional collection KRW 10.5 million) is too unreasonable.

2. Determination

A. The phrase “a self-denunciation” under Article 52(1) of the Criminal Act regarding the assertion of reduction of a self-denunciation refers to the fact that the criminal voluntarily reports the criminal facts to an investigation agency and seeks to prosecute the criminal facts, and the main reason why the criminal commits the crime as the reason for mitigation of a sentence is that the criminal is divided. As such, a self-denunciation who does not deny the criminal facts or has not divided the crime into the crime cannot be deemed as a true self-denunciation which serves as the reason for mitigation of a

(See the evidence duly adopted and examined by the lower court (see, e.g., Supreme Court Decision 94Do2130, Oct. 14, 1994) reveals that the Defendant was present at the Gwangju District Prosecutors’ Office around May 10, 2017 and was investigated as a witness and made a statement related to this case.

However, the following circumstances acknowledged by the above evidence, i.e., E, C, B, and C opened and distributed a passbook under the name of the juristic person, and the Defendant himself was merely trying to some of the distribution of the passbook in the process. The Defendant was examined by the Gwangju District Prosecutors' Office, and the Defendant was placed in B with “Ba, inside, and going through the Gwangju District Prosecutors' Office,” and then, he was in the military prosecutor's office at this time. I sent AD message with the purport that “ba, inside, and after having been examined by the Gwangju District Prosecutors' Office, I were in the military prosecutor's office at this time.” While I had already put in his hand, I had already sent the AD message with the purport that Shee was in this process, the Defendant had been investigated two times from the Daegu District Prosecutors' Office at the time of 1 year and six months from that time, and made a statement to the effect that he was aware of the Defendant's role, degree of the Defendant's participation in the prosecution, and profits, etc. in the first prosecutor's office.

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