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(영문) 서울동부지방법원 2015.01.30 2014노1645

장물취득등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (such as imprisonment for eight months and confiscation) imposed by the court below against the defendant is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant's mistake is divided in depth and reflects on his own mistake, there are some circumstances that may be taken into account the motive and background leading to each of the crimes of this case, the fact that smartphones acquired or kept by the defendant were seized and returned provisionally or returned after the seizure, and when the defendant is sentenced to a punishment, the period of the previous suspension of execution should be more than one year after the sentence is invalidated. Each of the crimes of this case has been committed 14 times in total for about 2 days, and the defendant acquired 14 smartphones, which are stolen over 14 days in total and kept 7,670,00 won in total, and kept 87 smartphones which are charged with the total market value, the number and size of the crimes are not much significant, and the defendant was sentenced to imprisonment with prison labor for a limited period of 20 years and less than 20 years, and thus, it cannot be accepted that the defendant had been sentenced to a prison punishment for each of the crimes of this case.

3. Thus, the defendant's appeal is without merit.