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(영문) 대구지방법원 2016.03.18 2016노64
범죄수익은닉의규제및처벌등에관한법률위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: imprisonment of 2 years and 6 months; imprisonment of 1 year and 1 year; confiscation) sentenced by the court below to the Defendants is too unreasonable.

B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendants recognize and reflect all the facts charged in the instant case. Defendant A did not have any criminal record or fine exceeding the same criminal record or fine, and Defendant B did not have a first criminal record or criminal record, and there was a family member to support the Defendants, while the Defendants were well aware of the fact that the Defendant was living in the state of F, even though they were well aware of the fact that the F was living in the state of being designated, the Defendants provided F with the means of living essential to the Defendant, in light of the method of crime and the period of crime, and the economic benefits that the Defendants acquired in return for concealing the F, and the Defendants’ allegation that the Defendants were unfairly lad and 2000 million.

3. According to the conclusion, all appeals filed by the Defendants and the prosecutor are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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