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(영문) 대구지방법원 2017.03.31 2017노431

상습장물취득

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. We examine the judgment, and the defendant's attempt not to repeat the crime of this case against the defendant.

There are favorable circumstances such as the fact that the investigation has been in progress, cooperation with the investigation, and considerable number of smartphones have been seized in the investigation process.

However, there are extenuating circumstances, such as the fact that an unspecified number of victims were born due to the instant crime, the Defendant had a record of criminal punishment on several occasions, and the Defendant has already been subject to suspended execution for three times, as well as the fact that there was a record of punishment for the acquisition of stolen property in the same way as the instant case, and that there was no particular damage recovery to the victims.

In addition, considering the fact that the court below sentenced the lowest statutory penalty against the defendant, there are no changes in circumstances or special circumstances after the decision of the court below, and the defendant's age, character and conduct, environment, means and result of the crime, and various sentencing conditions as shown in the records and changes theory of this case, such as the circumstances after the crime, it does not seem that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

3. In conclusion, 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.