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(영문) 인천지방법원 2017.01.13 2016노4553

상습장물취득

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and two months of imprisonment) is too unreasonable.

2. Although the judgment of the court below was favorable to the defendant, such as the fact that the defendant recognized his mistake as a primary offender and reflected against the defendant, the crime of this case was committed in a systematic and planned manner and exported closely to a foreign country after the defendant acquired a portable phone, which is a stolen, in light of the circumstances of the crime, method, frequency, size, etc., the crime of this case was committed in a very poor manner. Since such crime may make it difficult for the victims to recover damage and promote the crime of this case, it is necessary to impose strict punishment. The defendant actively participated in the crime of this case, such as the defendant's age, sex, sex, sex, environment, family relation, circumstances, motive, means, scale, period, degree of participation in the crime, equity in punishment among accomplices, and circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is too unfair.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.