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(영문) 서울남부지방법원 2020.09.22 2020노1104

장물알선등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal: Imprisonment with prison labor for a period of one year and six months;

2. The judgment of the defendant is not very good to commit an offense, such as obtaining profits by arranging high-priced stolen vehicles to an overseas smuggling exporter, and using spophones to this end.

There are three times the previous departments of unlicensed driving, which are disadvantageous to re-offending.

However, the sentence imposed by the court below is too unreasonable in light of the following factors: (a) there was an agreement with the victim of stolen goods at the time of the trial; (b) there was no previous conviction or heavier than the suspension of execution; and (c) the accused is against the crime; (d) the motive and circumstances of the crime; and (e) the profits and losses that the accused acquired from the crime of this case; (e) the character and conduct

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following decision is rendered again.

(1) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (3) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4) In light of the above legal principles, a prosecutor’s appeal shall be dismissed. (4)

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 362(2) and (1), and 30 of the Criminal Act, Articles 95-2 subparagraph 2 of the Telecommunications Business Act, and Article 32-4(1)1 of the Telecommunications Business Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, the selection of punishment for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;