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(영문) 대구지방법원 2014.05.02 2013노1535 (2)
무고교사
Text

All appeals filed by the prosecutor, the U.S., and the defendant AI are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the prosecutor by the court below to the defendants is too unhued and unfair.

B. Each sentence sentenced by the court below to the Defendants (the defendant U: the fine of KRW 7 million; the defendant AI: the fine of KRW 4 million; the fine of KRW 2 million as to the crimes of KRW 1 in the judgment of the second court; and the fine of KRW 4 million as to the crimes of KRW 2 in the judgment of the court below) is too unreasonable.

2. The purpose of the instant crime is to prevent the Defendants from being transferred to other prisons in other regions, and thus, it is very good to systematically obstruct the State’s criminal justice authority by ensuring that the Defendants are under the control of minor criminal punishment. However, in the meantime, the Defendants led to the confession of the instant crime and his mistake in depth, and in the case of each of the instant crimes by U, U, the Defendants are punished together with the offense of violation of the Act on the Control of Narcotics, etc. (hereinafter “Act on the Control of Narcotics, etc.”) which became final and conclusive, the equity with the case of each of the crimes under Article 1 of the judgment of the second judgment of the Defendant AI, and the equity with the case of the Defendants who were punished together with the offense of violation of the Act on the Control of Narcotics, etc. (fe.g., January 14, 2012). Since equity with the instant crime and other accomplices punished with the instant crime and similar crimes, the Defendants’ age, character and conduct, family relation, degree of participation in the instant crime, the circumstances and circumstances of the Defendants, etc.

3. In conclusion, since both the prosecutor and the Defendants’ appeal are without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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