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(영문) 서울중앙지방법원 2016.10.27 2016노3153
상습장물취득
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the Defendants (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendants is too unfortunate and unfair.

2. The Defendants recognized the Defendants to commit the crime and reflected their mistakes.

Defendant

A has no criminal record of the same kind, and Defendant B has no record of punishment heavier than that of a fine.

The family members and branch members of the Defendants want to leave the Defendants’ wife, and Defendant B did not have good health conditions due to traffic accident aftermatha.

However, the crime of this case was committed by the Defendants by acquiring a stolen cell phone from a taxi engineer, etc. for about six months, and then disposing of it. Such crime was not committed in that it provides taxi drivers with motive for the crime of larceny of a mobile phone and causes damage to the victim above the value of the mobile phone in light of the importance of the mobile phone in daily life.

Up to now, victims' damages have not been recovered.

Defendant

A, even during the period of suspension of execution, committed the instant crime, and Defendant B had been punished twice for the same kind of crime.

The lower court seems to have determined punishment by comprehensively taking into account the aforementioned various circumstances and the Defendants’ age, character and conduct, environment, family relationship, etc.

In this case where there is no additional change in circumstances at the time of the trial, the sentence of the court below appears to be within the reasonable scope of the sentencing discretion of the court of first instance, and it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendants and the prosecutor's arguments are without merit.

3. In conclusion, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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