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(영문) 부산지방법원 2016.09.01 2016노1036
마약류관리에관한법률위반(향정)등
Text

The part of the judgment of the court below regarding Defendant S is reversed.

Defendant

S shall be punished by imprisonment with prison labor for four months.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles (as to the judgment of the court below of the second instance), the Defendant could borrow and withdraw the account at the request of the defendantO. However, since the above amount was not known that it was criminal proceeds obtained through the crime of fraud, the Defendant did not have any criminal intent to commit the crime of violating the Act on the Regulation and Punishment of Criminal Proceeds Concealment. (2) The sentence of the court below (as to the judgment of the court of the first instance: 6 months, confiscation and additional collection, and 6 months, and additional collection) is too unreasonable.

B. The lower court’s punishment (4 years of imprisonment and 6 months of imprisonment) of Defendant OO is too unreasonable.

C. Defendant Q1 had the Defendant lent his account at the Defendant’s request and allowed him to enter and depart from the account. However, since the above money was not known that it was the criminal proceeds obtained through the crime of fraud, the Defendant did not have any criminal intent to commit a crime of violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment. In addition, since the amount actually received by the Defendant from the upper DefendantO falls short of KRW 23 million, the lower court erred by misapprehending the legal principles on additional collection. 2) The lower court’s punishment (three years of suspension of execution, additional collection and social service 240 hours in one year and six months) of the lower court’s punishment (one year and six months of imprisonment), which is too unreasonable.

Defendant

S1) Although the Defendant was able to lend his account by the request of the DefendantO on the erroneous determination of facts, the Defendant did not know that the said money was the criminal proceeds obtained through the fraud, so the Defendant did not have any criminal intent to commit the crime of violating the Act on the Regulation and Punishment of Criminal Proceeds Concealment. 2) The lower court’s imprisonment with prison labor for four months and the penalty for additional collection are too unreasonable.

E. Defendant A of the lower court’s sentence under Article 2 of the Prosecutor’s (unfair sentencing on all the Defendant of the lower judgment’s judgment): imprisonment with prison labor for 6 months and additional collection.

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