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(영문) 대구지방법원 2017.04.21 2017노177
범죄수익은닉의규제및처벌등에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine each of the unfair sentencing arguments between the defendant and the prosecutor.

It is recognized that the defendant has led to the confession of all crimes, and his mistake is divided, and that there is no record of crime except punishment once suspended due to the crime of immigration around 1991.

However, the crime of this case is deemed to have been committed by C, etc. to be difficult or impossible to conceal or conceal criminal proceeds, etc. which have been acquired through habitually committing the crime, and the scale of the most concealed criminal proceeds, etc. total of KRW 669 million, and the actual gains of the defendant reach KRW 339 million, a large number of damage victims want to be punished, and there is no change of circumstances that may otherwise determine the defendant's age, sex, environment, relationship with C, motive, means and consequence of the crime, circumstances after committing the crime, social importance of the case, and equality with sentencing in similar cases, etc., the punishment imposed by the court below shall be deemed appropriate, and it shall not be deemed to have been too heavy or too unreasonable.

Therefore, each argument of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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