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(영문) 대구지방법원 2013.09.06 2013노2069

범죄수익은닉의규제및처벌등에관한법률위반등

Text

The judgment below

The first part of the judgment against the defendant shall be reversed.

A person shall be punished by imprisonment with prison labor for the first offense against the defendant.

Reasons

1. The summary of the grounds for appeal (an express 1: imprisonment with prison labor for 1 year and 6 months, and a fine of 1 million won: a fine of 3-b: a fine of 1 million won) declared by the court below is too unreasonable.

2. Determination

A. The part of the crime No. 1 of the holding that the defendant was aware of the main part of the crime as a former police officer and exchanged funds obtained by H by means of illegal multi-stage crime with a cashier's checks, and then made it difficult to recover the funds by means of deposit in his own account and purchase of stocks, and thereby made it difficult to do so, and thereby making it difficult to collect the funds, and thus, the crime of this case is committed against the defendant. The crime of this case is a crime after the defendant was dismissed from being punished for the crime of this case as a crime of acceptance of bribe. The crime of this case is a crime after the defendant was removed from office for the crime of this case, there seems to be no benefit acquired from H, etc. as a reward or a precedent, the fact that there is family members to support the defendant, and all of the sentencing conditions shown in the records of this case, such as equity of punishment with accomplices, the defendant's character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, the defendant's assertion is justified.

(b) No. 3-b of the holding;

The court below decided to impose a fine of one million won after taking into account the fact that the crime of acceptance of bribe for which judgment became final and the crime of this case was concurrent crimes under the latter part of Article 37 of the Criminal Act, and sentenced to a fine of one million won. In light of all sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, the punishment imposed by the court below is too unreasonable since it is not acknowledged that the defendant's allegation in this

3. Accordingly, as to the part of the judgment of the court below regarding the first crime.

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