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(영문) 부산지방법원 2016.10.14 2016노927
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant made a confession of all the instant crimes, and his mistake is repented in depth; and (b) the instant crime is in a concurrent relationship between the crime of fraud and the concurrent crimes under the latter part of Article 37 of the Criminal Act with the judgment of the court below which became final and conclusive; and (c) the punishment should be imposed in consideration of equity with the case where the judgment is to be simultaneously rendered pursuant

However, the crime of this case was committed seven times in total by the defendant, with seven cargo vehicles worth a total of KRW 14,30,000,000, in light of the method and content of the crime, etc., the crime was considerably poor in light of the method and content of the crime, and it seems that the agreement with the victims or the recovery of damage has not yet been made up to now, and the defendant has a history of being sentenced one criminal punishment due to the larceny crime, there is no special circumstance or change in circumstances that may be newly considered after the decision of the court below, and other crimes of this case, which are various sentencing conditions shown in the argument of this case, such as equity in sentencing with the same and similar cases, age and character of the defendant, character and conduct, environment, motive and circumstance of the crime, etc., are concurrent crimes as provided in the latter part of Article 37 of the Criminal Act, and the sentencing guidelines is not applied.

In full view of these factors, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the "relevant Article 13" of the 2nd sentence of the judgment of the court below shall be deemed "the choice of the relevant law and punishment", and the same side shall be deemed to be 14.

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