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(영문) 서울남부지방법원 2012.12.27 2012노1611

장물취득

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the Defendant made confession of and reflects the instant crime; (b) the Defendant has no previous conviction or more than a suspended sentence; and (c) the Defendant’s age, character and conduct, family environment; (d) the motive and circumstance leading to the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment (five million won of fine) is not adequate and harsh, taking into account all the sentencing conditions specified in the records and pleadings

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