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(영문) 대구지방법원 2015.10.02 2014노2595
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the court below is not good in light of the period and frequency of the crime, and the number of the cell phones acquired, etc. of the crime of this case where the defendant purchased 70 smartphones that were stolen from January 9, 2013 to January 24, 2013, even though there is no record of criminal punishment prior to the crime of this case, the defendant's act of this case reflects the wrongness while making a confession of the crime of this case. However, in light of the fact that the defendant purchased 70 smartphones that were stolen on four occasions from January 9, 2013 to January 24, 2013, the crime of this case is likely to promote or assist the crime of larceny or possession of the cell phone, which is distributed in the process of acquisition and disposition of stolen goods, and social harm may occur, and thus, it may be necessary to punish the defendant by using the second crime of this case with the age of "largephones", and the defendant's motive and circumstance that the defendant had already been sentenced to criminal punishment more than the defendant's punishment of this case.

3. Thus, the defendant's appeal is without merit.

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