장물취득
The judgment below
Of them, the part on Defendant C and D shall be reversed.
Defendant
C and D shall be punished by imprisonment for a year and eight months.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (a year and six months of imprisonment; (b) two years of suspended sentence of imprisonment in August; (c) two years of imprisonment in case of Defendant C; and (d) two years of imprisonment in case of Defendant D) is too unreasonable.
2. Determination
A. The lower court’s judgment as to Defendant A and B’s unfair argument on the sentencing of the above Defendants: (a) jointly deposited KRW 7 million for the victim; (b) committed the instant crime over a long period of time; (c) committed the instant crime; (d) committed the same criminal records; (e) committed the instant crime during the period of suspension of execution; and (e) committed the instant crime; and (e) committed the instant crime within a reasonable scope; and (e) considered the circumstances surrounding the sentencing of the above Defendants, such as the motive, means and result of the instant crime; and (e) considered the circumstances that the said Defendants led to the closure of the “M”, the lower court’s sentencing cannot be deemed to have excessively exceeded the reasonable scope of discretion by taking into account all the circumstances, including the motive, means, and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, the above defendants' argument of sentencing cannot be accepted.
B. In light of the fact that Defendant C and D committed the instant crime over a long-term period of determination on the unfair argument of sentencing, the crime of this case was extremely poor, and the amount of damage was large to KRW 600 million, and the fact that the sum of the deposits made by the said Defendants and the Defendants of the lower judgment together with the amount deposited by the said Defendants is disadvantageous to the said Defendants.
On the other hand, the above defendants recognized all crimes from the court below, there is no record of criminal punishment exceeding the same criminal record or fine, and the defendant C before the judgment for the victim is 45 million won.