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(영문) 부산지방법원 2014.06.26 2014노1171

장물취득

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 6 million won.

The defendant does not pay a fine.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is determined by the following circumstances: (a) the Defendant purchased a cell phone for the purpose of selling; (b) such crime is very serious social harm, such as inducing and encouraging the commission of a crime such as the theft of a mobile phone and the misappropriation of possession; and (c) the nature of the crime is not weak; and (d) the Defendant was sentenced to the suspension of the execution of imprisonment for the same crime, which became final and conclusive, and the Defendant committed the crime of this case again for only one week.

However, considering the fact that the defendant seems to have led to the crime of this case, the mobile phone purchased by the defendant is only two times, the damage was returned to the victims, the damage was recovered, the defendant agreed with all the victims, the defendant appears to have a long range of 21 years old age, and the sentence of imprisonment is to be invalidated. This seems to be somewhat harsh to the defendant, and the defendant seems to have an opportunity to reflect his mistake because he was detained in the court below on March 26, 2014, and is detained for three months on the day of the decision of the court below on March 26, 2014, the defendant is under detention, and his mother is leading the defendant, and the defendant's mother is under the direction of the defendant, and all other factors such as the defendant's age, character and conduct, the motive of the crime of this case, and the circumstances after the crime are considered to be unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment below.