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(영문) 광주지방법원 2019.09.04 2019노353
범인도피교사등
Text

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

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of KRW 8 million for the defendant A, and a fine of KRW 3 million for the defendant B) is too uneased and unreasonable.

2. The court below should take into account the following circumstances as well as the defendants' age, character and conduct, environment, motive, means and consequence of the crime, the occurrence of the crime, the circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings of this case. The defendants are against the defendants' acknowledgement of the crime of this case, the defendants have no same criminal power, the defendant A has no same criminal power, the period during which the defendant A was gambling, and the defendant A seems to have been only subject to suspended sentence of imprisonment three times for a crime of past violence, but the defendant A has no history of being punished for a crime exceeding a fine for about twenty-two years, and there is no change in the conditions of sentencing in the court below compared with the court below. Thus, the prosecutor's aforementioned assertion is not justified.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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