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(영문) 인천지방법원 2015.05.08 2015노848

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 (six months of imprisonment).

2. It is recognized that the judgment is based on the following facts: the defendant recognized the crime of this case; the defendant's acquisition of stolens does not have much quantity of stolens acquired by the defendant; and the defendant's participation in the crime of assault is not more serious in relation to the point of joint assault.

However, even though the defendant committed the crime of this case during the probation period due to the crime of violation of the Punishment of Violences, etc. Act (joint injury), the sentence of probation against the defendant is impossible, and the defendant repeats the crime of violence inclination and thus strict punishment is inevitable. As mentioned by the court below, the defendant has violated his/her duty several times during the probation period, and as mentioned by the court below, the defendant has violated his/her duty several times during the probation period, it constitutes a ground for cancellation of probation, and other all the sentencing conditions on the records such as the defendant's age, character and conduct, motive and circumstance leading to the crime of this case, and circumstances before and after the crime. Thus, the defendant's assertion is not acceptable.

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