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(영문) 춘천지방법원 2015.09.23 2015노149 (1)
폭력행위등처벌에관한법률위반(공동협박)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years of suspended execution in August, probation, community service, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, Article 48(1) of the Criminal Act provides that “any article that does not belong to a person other than the criminal or is acquired by a person other than the criminal knowing the fact after the crime may be confiscated in whole or in part,” and Subparag. 1 of the same Article provides that “the article that was provided or intended to be provided for an act of crime” may be confiscated, “the article that was produced or acquired by an act of crime” under subparagraph 2, “the article that was acquired by an act of crime or obtained by such act” under subparagraph 3, and “the article acquired in return

Furthermore, in case of confiscation under Article 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, the property subject to confiscation does not belong to a person other than a criminal, or a person other than a criminal knowingly acquires the property subject to confiscation after the crime is committed.

(Article 9(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (Article 9(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment) and “offenders” include accomplicess, the ownership of the accomplices may also be forfeited regardless of whether the

(See Supreme Court Decision 2006Do5586 Decided November 23, 2006). However, according to the evidence duly adopted and examined by the court below and the court below, the owner of the building at K-dong (hereinafter “instant building”) at Chuncheon-si (hereinafter “instant building”) may recognize the fact that he/she is a husband of the defendant, and according to the records of the certified copy of the register, AS acquired ownership as of August 6, 2014, prior to the Defendant’s crime of this case.

AS constitutes an accomplice who took part in the Defendant’s act of arranging sexual traffic of this case or who facilitates the Defendant’s crime.

or AS is consistent from investigative agencies to the court of the trial.

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