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(영문) 대구고등법원 2010.07.01 2010노6
특정범죄가중처벌등에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal: (a) the punishment imposed by the court below (seven years of imprisonment) is too unreasonable, considering the fact that the defendant was able to actively cooperate in the investigation by the investigative agency, such as the arrest of the accomplice and the seizure of philophones, etc., in depth, the defendant is breaking his mistake.

2. The Defendant was systematically and systematically sealed a philophones from 2 km to 2 km.

When it is difficult for the Defendant to receive philophones from the transport volume, the Defendant reported the fact of philophones to the investigation agency for the purpose of hiding the fact while leaving the actual addressee of the philophones and receiving compensation.

In addition to this point, considering the various circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive, means and consequence of the crime, the sentencing of the lower court is not deemed unfair because it is too unreasonable even if considering the favorable circumstances of the Defendant asserted.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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