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(영문) 수원지방법원 2013.06.20 2013노663 (1)

장물취득

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (two million won of a fine) is too heavy (the Defendant) or is deemed unreasonable.

2. As in the instant case, the crime of acquiring stolen goods against a mobile phone is very serious as a result of promoting or supporting the crime of larceny or embezzlement of stolen objects by possession of a mobile phone, and thus, the relevant social harm is very serious. Therefore, it is necessary to strictly punish the crime. In light of the fact that cash in the Defendant’s rental car at the time of visiting the A’s office and being discovered to the investigation agency exceeds the total amount of KRW 14 million, the Defendant appears to have committed or planned the crime of acquiring stolen goods at a considerable amount of money at the time, the Defendant is disadvantageous to the Defendant.

However, the fact that the defendant has yet been divided and reflected in depth of the crime due to university students, the cash stored by the defendant is provided by E, an accomplice, and the amount of the mobile phone damaged by the charge of this case itself is relatively small, and the fact that the defendant has no record of different punishment is favorable to the defendant.

In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below shall be appropriate, and shall not be too heavy or less severe.

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