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(영문) 대구지방법원 2014.11.07 2014노1041

장물취득

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (limited to eight months of imprisonment, two years of suspended sentence, and community service order) is too unfasible and unfair.

2. The defendant's crime of this case is likely to cause social harm by promoting or supporting the crime of larceny or embezzlement of stolen objects from possession of mobile phones. Smartphones used for the crime of acquiring stolen objects can be used in largephones, etc. and may cause another property crime or encourage violent crimes. The defendant acquired a smartphone 61 unit, which is stolen over 58 times, and the amount of the crime is not small. However, there are favorable circumstances, such as the fact that the defendant led to the crime of this case, there is no history of punishment for the same crime, there is no history of punishment for the crime of this case, and there is no criminal record exceeding fine, and the defendant seems to have great economic benefits acquired by the crime of this case, and other circumstances, such as the defendant's age, character and behavior, environment, means and method of the crime of this case, and motive for the crime of this case, etc., the defendant's punishment imposed by the court below is too unfair, and the prosecutor's assertion is not reasonable.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.