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(영문) 부산지방법원 2018.07.20 2018노1822
장물알선
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (six months of imprisonment).

2. In full view of all the favorable circumstances (such as the number of crimes is only one time and the profits acquired by the defendant are not significant), unfavorable circumstances (the crime of this case in the same kind of repeated crime, the crime of this case was committed in two months after release, and no effort is made to recover damage) as stated in the reasoning of the judgment of the court below, including the defendant’s age character and character intelligent environment, motive means and consequence of the crime, and the circumstances after the crime, etc., the judgment of the court below exceeded the reasonable limit of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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