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(영문) 대구지방법원 2018.06.01 2017노5183
범인도피
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (a prison term of six months, a suspended sentence of two years, and a community service work time of 120 hours) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and against his mistake, and the instant crime is more favorable for the following: (a) a violation of the Act on the Punishment of Acts, such as brokerage, etc. of sexual traffic for which judgment has become final and conclusive (such as brokerage, etc. of sexual traffic) and a group of concurrent crimes after Article 37 of the Criminal Act; and (b) a judgment

On the other hand, the crime of this case is committed by a criminal who has actively committed a violent crime so that the nature of the crime is not good, and such crime also needs to be strictly punished because it interferes with investigation agencies and makes it difficult to detect the criminal and makes it difficult for them to properly exercise criminal justice by making it difficult for the State to do so.

The above circumstances and the community service order can be implemented through consultation with the protective observation office, so it does not seem impossible for the defendant to implement the community service order to the extent that the defendant does not impede his/her occupation. In full view of all the sentencing factors of the defendant's age, sex, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. In conclusion, 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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