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(영문) 창원지방법원 2013.10.18 2013노1239
범죄수익은닉의규제및처벌등에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendants (the defendant A: 10 months of imprisonment, 2 years of suspended execution, 200 hours of community service work, 1 year of suspended execution, 2 years of suspended execution, 200 hours of community service work) is too unfied.

2. In light of the fact that market price manipulation of stocks causes unexpected loss to many unspecified general investors, interference with the formation of a fair price due to demand and supply in the stock market, thereby hindering the fostering and development of the sound stock market, and that the Defendants committed each of the instant crimes and concealed criminal proceeds, the Defendants’ liability for the crime is not easy.

However, in light of the fact that the Defendants led to the confession of each of the instant crimes and reflects the mistake in depth, the primary offender, and other factors of sentencing as indicated in the instant arguments and records, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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