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(영문) 서울중앙지방법원 2014.07.17 2014노1605

장물취득

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (fine 2,00,000) sentenced by the court below is too unreasonable.

Judgment

In modern people, smartphones are not just a mere telephone, but also the same as a part containing all his own information. However, the criminal act such as the crime of this case was committed by allowing a person who acquired lost smartphones to deliver it to a stolen offender who can gain greater profits rather than returning it to the owner, and causing the person who lost the smartphones to block the way in which the person who lost the smartphones can recover all of his own information, and the crime is not good. The lost smartphones, such as the crime of this case, can eventually be exported to another country through the process of "parundry", and in this process, can not be assessed only once as a stolen criminal act, and in full view of various circumstances such as the motive of the crime of this case, circumstances after the crime of this case, etc., the punishment of the court below is too unfair.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.