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(영문) 대구지방법원 2016.05.04 2016노812
범죄수익은닉의규제및처벌등에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (the crime No. 1 in its holding: 6 months of imprisonment, 2 years of suspended sentence, 8 months of imprisonment) is too unreasonable.

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

2. Determination

A. The crime of this case, in part 1 of the holding, committed the crime of this case, was committed in a difficult or impossible manner by aiding and abetting, etc. to conceal criminal proceeds, etc. acquired through habitual fraud, and was involved in the crime by actively establishing an account in the name of the defendant or another person. Therefore, the nature of the crime is not good.

However, the Defendant recognized all of the crimes of this case and took wrong part in the crime of this case, and received compensation for the crime of this case.

there is no evidence sufficient to determine the person.

In addition, taking into account the following circumstances: (a) the equity between the case where the first head of the crime in the judgment of the court below was judged concurrently with the crime of violating the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds for which the judgment of the court below became final and conclusive; (b) the Defendant’s age, sexual conduct, environment, history of the crime in this case; (c) background leading to the crime in this case; (d) circumstances after the crime in this case; and (e) the amount of punishment in a similar case; and (e) the social gravity of the case, etc., the punishment of

B. The crime of this case in part 2 of the holding is a violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds for which the above judgment became final and conclusive, and thus, it is necessary to strictly punish the crime during the period of suspension of execution.

However, the Defendant recognized all of the crimes of this case and took wrong part in the crime of this case, and received compensation for the crime of this case.

There is no evidence to determine the person, and there is no record of another crime before the suspension of the above execution.

In addition, the defendant's age, sex, environment, record of crime, circumstances leading to the crime of this case, and circumstances after the crime.

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