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(영문) 서울중앙지방법원 2013.06.13 2013노1190
장물취득
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the details leading up to the instant crime and the economic situation of the Defendants, the sentence of the lower court (Defendant A: Imprisonment with prison labor for 10 months and confiscation, Defendant B: Imprisonment with prison labor for 6 months and confiscation) is too unreasonable.

2. However, although the Defendants were both aware of and against all their crimes up to the trial. 35 charges were confiscated among the 42 victims of this case, Defendant A committed the crime of this case during the repeated crime period after the execution of imprisonment was terminated due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Rape). Defendant B was not only lessee of the place where the crime of this case was committed but also taking part in the crime of this case by providing stolen money. The crime of this case is linked to a specialized organization that takes the cell phone from abroad, such as China, and its nature is considerably poor in light of the frequency and duration of the crime. The possibility of the occurrence of secondary damage using personal information stored in the device and its possibility and its recovery, and other social harm, such as the victim’s suffering from loss of heavy information and additional expenses, etc., as well as the victim’s age, character and behavior, environment, motive, means and consequence of the crime, etc., the defendants’ assertion to the sentencing of this case can be accepted.

3. According to the conclusion, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal of this case is without merit. It is so decided as per Disposition.

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