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(영문) 부산지방법원 2020.09.10 2020노2141
범죄단체가입등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence of the lower court (one year and two months of imprisonment, one year and two months of imprisonment, and one million won of additional collection) is too unreasonable;

2. Determination

A. According to the records, the court below imposed punishment in consideration of various sentencing reasons, such as the following: (a) the nature of the crime is inferior in light of the process and method of the crime; (b) the penure and reflects the wrong; (c) the period of activity in the crime organization is not long; and (d) the profits acquired without the past period; and (c) the primary offender who has no criminal record.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering various reasons for sentencing revealed in the oral proceedings, each of the lower judgment’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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