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(영문) 대구지방법원 2016.04.20 2016노734
범죄수익은닉의규제및처벌등에관한법률위반
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is deemed to have been committed with the intent to conceal criminal proceeds, etc. acquired by M, etc. through habitual fraud, resulting in the poor quality of crime that makes it difficult or impossible to recover them, and the most concealed criminal proceeds, etc., so a sentence of punishment is inevitable.

However, despite the fact that the Defendant did not have a close personal relationship with M or E, it appears that he was unable to easily refuse to accept the request from E for his business assistance. The Defendant received the price for the instant crime separately.

there is no evidence sufficient to determine the person.

At present, the defendant is in profoundly against the crime of this case, and there is no record of criminal disposition before the crime of this case was committed after he was punished for a minor fine in 190.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, sex, environment, record of crime, background leading to the instant crime, circumstances after the instant crime, in particular, equality of punishment in similar cases, and social gravity of the case, the sentence imposed by the lower court is deemed to be too uneasy and unfair rather than unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading (inasmuch as the judgment of the court below is reversed due to the defendant's appeal, the prosecutor's appeal is not dismissed in its order). The summary of the facts constituting an offense and the evidence is identical to the facts constituting an offense acknowledged by the court and the summary of the evidence thereof, except for the addition of "the defendant's legal statement" in the column for the evidence of the court below.

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