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(영문) 서울중앙지방법원 2014.09.12 2014노1645 (1)

장물취득

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of defendant's grounds for appeal: Unfair sentencing;

2. (1) Determination on the grounds of appeal (1) and (5) The crime of this case is likely to cause social harm, such as promoting or aiding and abetting the theft or embezzlement of stolen objects from possession of mobile phone machines. < Amended by Act No. 1214, Aug. 29, 2013> The crime of this case is likely to cause serious damage to the society, such as inducing or aiding and abetting illegal mobile phone circulation transactions. ② The number of illegal mobile phone circulation transactions is 308; ② the acquisition of stolen objects is very large; ③ the defendant purchased stolen mobile phone collection from S, etc., which is a stolen and lost mobile phone solicitation, and sells it to the Chinese purchaser; ④ In the case of the mobile phone already disposed, damage recovery is practically impossible; ⑤ the defendant is found to have committed a crime under the circumstances where he was found to have committed a crime on Aug. 29, 2013; ② the defendant has repeatedly committed an additional crime without any reflect or personal seal; ② The defendant is deemed to have no special reason to determine the defendant's age of profit and circumstances of this case; and its age changes in circumstances.

(2) Even if U and V, who purchased mobile phone devices from the Defendant, was sentenced to a suspended sentence (V - 2 years of suspended sentence in 6 months of imprisonment, U - 2 years of suspended sentence in 8 months of imprisonment), the details and methods of each crime, the scale of the crime, amount of profit, criminal records, in particular, the Defendant committed the second detection of the mobile phone devices, and repeated additional crimes during the investigation. Thus, all of the sentencing conditions are different.