beta
(영문) 서울북부지방법원 2014.07.03 2014노416

장물취득등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of six months, the suspension of execution of two years, and the community service order of forty hours) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant easily scambling and scambling money, there is no history of criminal punishment except for punishment by fines on two occasions due to a type different from each of the crimes in this case; however, the defendant's crime of acquiring stolen property in this case seems to have already been determined by considering the above circumstances favorable to the defendant; and the defendant's crime of acquiring stolen property in a systematic manner is a professional acquisition of smartphone, which is a stolen property; there is a need to severely punish the defendant; the size of stolen property acquired by the defendant is considerably significant; the defendant's motive and background leading up to each of the crimes in this case, the defendant's age, character and behavior, the environment, and family relationship, etc. are considered to be the conditions of punishment indicated in the records. Thus, the court below's sentence cannot be deemed to be unfair.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.