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(영문) 서울서부지방법원 2013.04.18 2012노1536
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is unreasonable because the court below sentenced the defendant to imprisonment with prison labor for eight months.

2. In light of the following: (a) the Defendant led to the instant crime and recognized his mistake during the period of suspension of execution; (b) the Defendant committed the instant crime during the period of suspension of execution; (c) the Defendant, by acquiring a stolen mobile phone, encourage or assist juveniles to commit the instant crime of larceny or embezzlement of stolen or occupied objects; (d) the relevant social harm is serious; (e) the scale of the Defendant’s purchase of the instant crime is large; and (e) the damage recovery is most impossible; and (e) other various sentencing conditions, including the motive and circumstances leading up to the instant crime; and (e) the circumstances after the instant crime, etc., the sentence imposed by the lower court is adequate

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

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