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(영문) 서울중앙지방법원 2017.07.06 2017노292

장물취득

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (6 months of imprisonment) is too unreasonable.

The sentencing guidelines of the court below shall apply [the scope of recommendation] general chapter 1 (the stolen goods of general chapter 1) and the basic area (6 months to one year and six months): The scope of final sentence depending on the aggravation of crimes: the sentence imposed in six months to nine months: the following circumstances; the defendant's age, sex, environment, motive and consequence of the crime; and the circumstances of the crime after the crime: The crime of acquiring cell phone copies is likely to be used for the same crime; the defendant has been repeatedly sentenced to the suspension of the execution of imprisonment for the same kind of crime; the defendant has been repeatedly sentenced to the suspension of the execution of imprisonment for the same crime; and the defendant has repeatedly been sentenced to the suspension of the execution of imprisonment for the same crime; the defendant has repeatedly been sentenced to the suspension of the execution of imprisonment for the same crime; the defendant has been sentenced to the suspension of the execution of the execution of the imprisonment for the same crime; the defendant has been aware that some damage was inflicted; and the defendant has not acquired the same kind of goods within one year to six years; and the court below's decision of the court below's decision.

The lower court’s sentencing is determined within the scope of the discretion of sentencing by comprehensively taking into account all the conditions of sentencing, including the circumstances described in paragraph (2) and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, and it cannot be deemed unfair because it is too unreasonable to do so.

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