(영문) 대구지방법원 2014.04.25 2013노3204 | 리걸엔진

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(영문) 대구지방법원 2014.04.25 2013노3204

장물취득

Text

All the judgment below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The summary of the grounds for appeal (e.g., both forms of punishment) against the Defendants of the lower court is too unreasonable.

2. The crime of this case is committed in a systematic and planned manner, and the nature of the crime is not good, and the crime of acquiring stolen goods like the crime of this case needs to be eradicated because it is not good to encourage the crime of larceny against smartphones, etc. It is acknowledged that the number of times of the crime is not considerable and the damage has not been recovered. Meanwhile, the defendants reflects their mistake while inducing the crime of this case, and each of the crimes of this case committed by the defendants is in the relation between the crime of acquiring stolen goods (ten months of imprisonment and two years of suspended execution) for which the judgment became final on November 24, 2012 and the latter concurrent crimes of Article 37 of the Criminal Act should be considered together with the crime of acquiring stolen goods. The defendants have no record of punishment for the same kind of crime except for one criminal punishment as above. Considering that the defendants' age, character and behavior, the environment, motive and consequence of the crime of this case, and the circumstances after the punishment of each of the defendants are inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants is all reasonable.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 362 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code

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