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(영문) 대전지방법원 2014.03.19 2013노2816
장물취득등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and confiscation) in light of the overall circumstances of this case, the sentence imposed by the court below is too unreasonable.

2. A favorable circumstance is acknowledged, such as the fact that the defendant made a confession of the crime of this case and reflects his mistake in depth, that the defendant agreed with some victims, that there was no record of punishment for the same kind of crime, that the defendant actively cooperatedd in the investigation and trial process, that there was a family member to support the defendant.

However, in light of the following circumstances: (a) in recent years, the character and conduct of theft of Handphones, such as the instant crime, the purchase of stolen phone is highly likely to further promote and cause the relevant crime; (b) the need for strict punishment has not been restored to a considerable portion of damage; and (c) there was no further agreement with the victims; and (d) disadvantageous conditions such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair, and thus, the Defendant’s assertion is groundless.

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

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