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(영문) 대전지방법원 2013.11.28 2013노2095
밀항단속법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (2 million won of fine) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The Defendant confessions and reflects the instant crime, and the previous convictions of the first head of the instant crime as indicated in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, the equity between the case to be judged at the same time is to be considered. For the purpose of escape, the Defendant does not seem to have reached the instant crime for the purpose of escape and there is no record of punishment for the same kind of crime. Meanwhile, the instant crime is a favorable circumstance to the Defendant. Meanwhile, the instant crime is likely to interfere with the State’s immigration control affairs, and its nature is not easy, and the Defendant’s planned and sealed with the awareness of the illegality of the smuggling. In full view of all such circumstances and other sentencing conditions including the Defendant’s age, character and conduct, environment, criminal records, and the circumstances after the instant crime, the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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