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(영문) 대전고등법원 (청주) 2016.06.16 2015노178
특정범죄가중처벌등에관한법률위반(조세)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a prison term of eight months, a suspended sentence of two years, and a community service) is deemed unreasonable because it is too uneasible.

2. Determination:

A. The lower court: (a) imposed a community service order for 80-hours upon the Supreme Court’s recommendation by the Sentencing Committee (one month to four years) under consideration of the following circumstances: (a) the Defendant appears to have committed the instant crime at the request of J and K, which is the creditor; (b) support the minor’s children suffering from mental disorder; (c) the Defendant actually acquired profits due to the instant crime; and (d) the fact that there was no criminal record for the same kind of crime; and (b) under consideration of the favorable circumstances, the lower court imposed two years of imprisonment with prison labor within the scope of the sentence recommended by the Sentencing Committee (one month to four months).

B. Considering the circumstances cited by the prosecutor in the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable in light of the aforementioned various sentencing grounds and the elements of sentencing indicated in the instant records and arguments, including the Defendant’s age, family relation, sexual conduct, environment, and circumstances before and after the crime.

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

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