(영문) 창원지방법원 2019.10.02 2019노1018 | 리걸엔진

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(영문) 창원지방법원 2019.10.02 2019노1018

외국환거래법위반

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s sentence against the Defendants on the grounds of appeal (unfair punishment: 10 months of imprisonment, 2 years of suspended sentence, 1 year of probation, 80 hours of community service order, 80 hours of collection, 1 year of suspended sentence, 1 year of suspended sentence, 1 year of collection, 1 million won of collection, 40 million won of fine, 1 million won of collection, and 200 won of penalty) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The grounds for unfair sentencing, as asserted by the prosecutor, appears to be the circumstances in which the lower court determined the Defendants’ punishment, and sufficiently considered, and there are no circumstances to deem that the conditions of sentencing were changed in the appellate court, and the lower court’s punishment is reasonable within the reasonable scope of discretion, considering the aforementioned conditions of sentencing in the lower court.

Therefore, the prosecutor's assertion is not acceptable, since the sentence imposed by the court below is too unjustifiable.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

[However, as the date and time of the crime No. 47 of the lower judgment (Departure), “ March 9, 2019” is apparent to be a clerical error in the entry and departure status (Evidence No. 144 pages) of Defendant A, according to the following facts: (a) this part of the crime (the date and time of departure) appears to be March 9, 2018;

In accordance with Article 25 (1) of the Regulations on Criminal Procedure, the ex officio correction of this part of the judgment of the court below is made " March 9, 2018" and the correction is made.

참조조문

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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