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(영문) 광주지방법원 2016.09.28 2016노573
조세범처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for six months of imprisonment, five million won of fine, and 80 hours of community service) is deemed to be too unhued and unreasonable.

2. The judgment defendant did not pay the evaded tax.

The defendant committed the crime of this case even though he was under probation period due to the crime of this kind.

This is disadvantageous to the defendant.

On the other hand, the defendant recognized his mistake as a whole and runs counter to his depth.

There is no record that the defendant has been punished for the same crime.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the prosecutor’s assertion is without merit.

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

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