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(영문) 대구지방법원 2015.06.10 2014노3660
장물취득
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 10 million is imposed on Defendant A, the fine of KRW 5 million is imposed on Defendant B, and the fine of KRW 7 million is imposed on Defendant C) is deemed to be too uneasible and unfair.

2. The judgment of Defendant A committed the instant crime during the period of repeated crime; Defendant B was subject to the sentence of dual punishment; Defendant B was not subject to the degree of damage caused by the instant crime; however, Defendant A and B recognized the instant crime and reflects his fault; Defendant C was recovered; Defendant C did not have any criminal record exceeding the fine; Defendant C did not have any criminal record; the degree of the charge of the instant crime was committed by the Defendants, the age, character and conduct, and environment of the Defendants, and all other circumstances revealed in the oral proceedings, including records and arguments, the prosecutor’s assertion is without merit.

3. According to the conclusion, the prosecutor's appeal against the Defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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