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(영문) 대구지방법원 2016.06.16 2015노2008

장물알선

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the defendant's crime of this case is one of the two concurrent crimes after Article 37 of the Criminal Act and the final judgment of the first head of the crime of this case as stated in the judgment of the court below against the defendant. Thus, the defendant's decision of exemption from punishment was rendered on the ground that the defendant's crime of this case is concurrent crimes

2. The judgment of the court below has no particular criminal record except for the first head of the crime committed in the judgment below, and the defendant voluntarily informed the metropolitan investigation unit of the Seoul Regional Police Agency of the crime of acquiring H and thief, etc., and the investigation of this case was initiated. The first head of the crime of violation of the Automobile Management Act of the first head of the crime of this case, which became final and conclusive, all of the crime of violation of the Automobile Management Act, occurred while the defendant handled so-called "large-sized vehicle" without registration. The first head of the crime of this case at the time was sentenced to imprisonment for eight months due to the violation of the Automobile Management Act, which seems to have been the principal factor such as the amount of profits the defendant acquired, and other various circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., the court below's decision to exempt the defendant from punishment, considering the equity in the case of the judgment at the same time, cannot be deemed unfair as a minor sentencing sentencing.

Therefore, 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, and it is so decided as per Disposition.

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