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(영문) 대구지방법원 2016.09.21 2016노2369
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 (ten months of imprisonment) is too unreasonable.

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

2. As to each of the unlawful arguments of sentencing by the Defendant and the Prosecutor, the instant crime is acknowledged, with a focus on the following: (a) the instant crime committed by G, etc., to assist in money laundering of criminal proceeds acquired by committing a habitual fraud at a multi-level financial level; (b) the nature of the instant crime is very bad; (c) the instant criminal proceeds amounting to KRW 2 billion; and (d) the Defendant has the history of a fine four times; and (e) the Defendant has the history of having been punished once a suspended sentence.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) there is no history of punishment for the same kind of crime; (c) the actual profit from the instant crime appears to have not been significant compared to the amount of proceeds from the instant crime; (d) the degree of participation in the instant crime; and (e) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the instant crime, the sentence imposed on the Defendant cannot be deemed to be appropriate; and (e) the sentence imposed on the Defendant is too heavy or too unreasonable.

Therefore, each of the above arguments by 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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