장물취득
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal by the defendant is too unreasonable that the sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. On the other hand, the fact that the defendant was tried for the same kind of crime and again committed the crime of this case shall be considered disadvantageous to the defendant.
However, in light of the following circumstances: (a) it appears that the Defendant was detained for more than three months after the time of committing the instant crime; (b) the previous conviction and the instant crime should be considered the equity in sentencing with the case where the Defendant simultaneously rendered a judgment in the latter concurrent crimes under Article 37 of the Criminal Act; and (c) and other various circumstances that form the conditions of sentencing as indicated in the record, such as the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed unreasonable, and thus, the Defendant’s assertion is reasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Article 362 (1) of the Criminal Act concerning the crimes. Article 362 (Selection of Imprisonment or Imprisonment);
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act for the suspension of execution ( considered as favorable circumstances in light of the grounds for reversal);
1. Article 62-2 of the Criminal Act on community service order;