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(영문) 수원지방법원 2014.02.19 2013노6273

장물취득

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and six months of imprisonment, confiscation) is too unreasonable.

B. Defendant B’s imprisonment (one year of imprisonment) is too unreasonable.

C. The Prosecutor’s sentence against the Defendants (Defendant A: Imprisonment with prison labor for one year and six months, confiscation / Defendant B: imprisonment for one year / Defendant C: imprisonment for 10 months, suspension of execution for two years, and order of community service for 160 hours) is too unhued and unreasonable.

2. Determination

A. The crime of this case (as to Defendant A), although the defendants purchased stolen smartphones on an organized basis and carried them out of China, the degree of participation of Defendant A in the crime of this case is somewhat heavy, considering the following factors: Defendant A's age, character and conduct, family environment, background of the crime of this case, the method and method of the crime of this case, circumstances after the crime, balance of punishment in similar cases, etc., and all of the sentencing conditions shown in the records and arguments, it is determined that the punishment of the court below (a punishment of one year and six months, and confiscation) will be somewhat heavy.

B. Determination on the assertion of unfair sentencing by both parties (defendant B) and the nature of the crime, such as taking part in the crime of this case, which is an organized stolen property acquisition, and causing damage to many victims. However, Defendant B’s participation in the crime of this case by a private village of Defendant A is less and less than Defendant A, and Defendant B recognized and reflects the crime of this case. Family members, etc. want to take advantage of the following factors: Defendant B’s age, character and behavior, family environment, the background of the crime of this case, the method and method of the crime of this case, and the circumstances after the crime, etc., and all of the sentencing conditions indicated in the records and arguments, it is deemed that the punishment of the court below (one year of imprisonment) is somewhat significant.

C. Defendant C’s judgment on the prosecutor’s assertion of unfair sentencing (defendant C)