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(영문) 서울서부지방법원 2014.06.12 2014노92
범인도피
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is unreasonable.

2. The court below's punishment against the defendant is unreasonable in light of the following circumstances: (a) the defendant has been led to the confession of the crime and his depth; (b) the crime of this case was committed upon the request of B during the escape flight; and (c) the defendant's act does not have a critical influence on the escape; and (d) other factors of sentencing as shown in the records and arguments, such as the motive and background of the crime of this case, the circumstances after the crime, the defendant's career, and the environment, are all considered.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 151 (1) of the Criminal Act concerning the selection of penalties.

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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