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(영문) 부산지방법원 2017.06.15 2017노1141

장물취득등

Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (6 months of imprisonment and 6 months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant made a confession of all the crimes of this case and reflects the mistake in depth, that the defendant agreed to the victim of the forced crime of this case, that the damaged goods were returned to the victims, and that the damage was recovered to a certain extent, and that the defendant's forced crime of this case needs to consider equity with the case where the judgment was rendered together with the special injury, etc. in the judgment that became final and conclusive.

However, the crime of this case was committed by forcing a charged prisoner to drink a scam or drink without being aware of the defendant while living in prison, or to do military play without any duty. The crime of this case was committed by forcing a charged prisoner to do so. The defendant purchased six mobile phones lost to a passenger from a taxi engineer. In light of the criminal facts, such as the background of the crime and the method of the crime, the responsibility for the crime is very heavy. In particular, allowing the victim to take food remaining after drinking to a scam is necessary to punish the act of infringing on the victim's human rights because the victim suffered from difficult mental or physical pain, and thus infringing on the victim's human rights. The defendant committed the crime of this case again during the period of repeated crime, and the defendant committed the crime of this case in comparison with the judgment of the court of first instance 2015 in our Criminal Procedure Act, which takes the principle of direct trial and the principle of direct trial, and if there is no reasonable change in the scope of sentencing between the court of first instance 2013 and the judgment of second instance 25.