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(영문) 서울중앙지방법원 2014.09.04 2014노1679
장물취득
Text

Defendant

All appeals filed by A, B, D and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence A, B, and D (one year of imprisonment, ten months of imprisonment, and eight months of imprisonment) sentenced by the court below is too unreasonable.

The facts charged by the lower court, which dismissed Defendant C and E, are all the facts charged in relation to a single comprehensive crime, specifying the time, termination period, method, counterpart, frequency, etc. of the entire crime, and thus, the facts charged was specified.

In addition, the court below found Defendant B guilty on the part that Defendant C purchased stolen goods from Defendant C, and Defendant A purchased stolen goods from Defendant E, and thus, the judgment of the court below is inconsistent with the reasoning of the judgment.

Defendant

In the modern person's determination of the allegation of unfair sentencing A, B, and D, smartphones are not merely a telephone, but also a part that contains his own information. However, the criminal act like the criminal act of this case was delivered to the person who acquired the lost smartphones to the stolen criminals who can gain greater profits rather than returning it to the owner, and caused the loss of the smartphones to block the way in which the person who lost the smartphones can recover from the smartphones containing all the information, and the crime is not good. As such, smartphones delivered to the stolen criminals can be used as a large phone, etc. and may cause another property crime or encourage violent crimes, and thus, the social harm of the criminal act of this case was very great, and Defendant D committed the criminal act of this case in a business and systematic manner, and Defendant D committed the criminal act of this case by being sentenced to imprisonment with prison labor for the crime of this case during the suspended sentence of imprisonment with prison labor for the crime of this case, etc. of this case in Seoul, 16 October 2013 (hereinafter referred to as the suspended sentence of this case).

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