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(영문) 대구지방법원 2016.09.22 2016노2515

범죄수익은닉의규제및처벌등에관한법률위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one and half years of imprisonment) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects his mistake; and (b) the Defendant has no record of criminal punishment exceeding the fine.

On the other hand, the Defendant’s crime of this case is a situation unfavorable to the Defendant, such as: (a) the commission of concealment, etc. of criminal proceeds caused by habitual fraud by C, etc., in which a large number of victims were fluored, and the commission of such criminal proceeds is difficult or impossible; and (b) the size of the most or concealed criminal proceeds is large; and (c) the actual delivery of the criminal proceeds to C, etc.,

Considering the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, environment, health status, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is determined to be appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.