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(영문) 부산지방법원 2017.03.31 2016노5082
범인도피
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unfair sentencing arguments by the accused and the prosecutor, it is recognized that the offense requires strict punishment that makes it difficult for the State to exercise criminal justice by obstructing the investigation by the investigation agency and making it difficult to find the offender.

However, considering the following facts: (a) the Defendant led to the confession of a crime; (b) there is no particular criminal history in addition to the punishment once a fine; and (c) there is no other history of punishment for the same kind of crime; and (d) the Defendant’s age, sexual conduct, environment; (b) motive, means, and consequence of the instant crime; and (c) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; (d) it is too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

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

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