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(영문) 대구지방법원 2016.08.18 2015노5032
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable as the punishment (five million won penalty) declared by the court below is too unreasonable.

2. The crime of this case is not suitable in light of the fact that the crime of this case was planned to acquire stolen at low prices from the taxi drivers and that multiple victims could have occurred if the crime was not discovered early.

However, considering the fact that the Defendant appears to recognize the instant crime and reflect his mistake, that the Defendant has no record of crime (the existence of juvenile protection cases, such as interference with the performance of official duties, special theft, acquisition of stolen goods, etc.), that the Defendant’s age is lower, and that most of the mobile phones acquired by stolen goods have been returned to the victim, etc., under favorable circumstances.

In addition, the lower court’s determination on the sentencing exceeded the reasonable bounds of discretion, considering all the circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the character and conduct, environment, the attitude of the Defendant, the means and consequence of the crime, the circumstances after the crime, etc.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is heavy to the extent that it should be reversed, and the Defendant’s assertion is without merit.

3. In 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.

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