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(영문) 서울동부지방법원 2016.03.24 2015노1727

장물취득

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment and confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The judgment follows: although there are some favorable circumstances for the defendant, such as that the defendant reflects his own crime, and there is no punishment history after entering the Republic of Korea, stolen crimes encourage the spread of the crime, especially small and high-priced smartphone theft, which are social problems; in this case, the juvenile who is merely 16 years old is the other party to the juvenile, who purchased a large amount of cell phones, the fact that the cell phone acquired by stolen is large cell phone and the amount of damage is considerable, so it is necessary to punish the defendant strictly because the victim is not recovered from damage to the victims. In full view of all other circumstances, considering the defendant's age, sex, criminal conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is appropriate and too unreasonable.

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