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(영문) 수원지방법원 2015.03.23 2015노314
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Even when considering the fact that the defendant's criminal act was committed, there is no history of being punished by the criminal act for stolen acquisition, there is no history of having been sentenced to imprisonment, and some victims who lost smartphones expressed their intent that they would not want the punishment of the defendant, the crime of this case can be actively purchased and acquired smartphones. Since such act may cause or encourage the crime such as theft and illegal possession of smartphones which occurred frequently, there is a need to strictly punish the defendant, it is still unnecessary to reach an agreement with some victims, in full view of all the circumstances that are the conditions for sentencing, such as the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too too unreasonable. Thus, 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 ground that it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the fact of the crime of the judgment of the court below shall be corrected to change the "galthal block No. 4" to "galthal block No. 4"

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