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(영문) 대구지방법원 2015.01.08 2014노1718
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and 120 hours of community service) that the court below made is too unreasonable.

2. The fact that the Defendant’s mistake is divided and reflected, and the economic situation is not good, leading to the instant crime is favorable to the Defendant.

However, on February 28, 2012, the Defendant was indicted on the charge of property acquisition, and was sentenced to suspension of indictment in the Busan District Prosecutors' Office. On May 30, 2012, the Defendant was punished by a fine of KRW 2 million in the Busan District Court due to the charge of property acquisition, and again committed the instant crime. The Defendant appears to have committed the instant crime with Co-Defendant A, a co-defendant, and the Defendant appears to have committed the instant crime, which is disadvantageous to the Defendant.

In full view of these circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments and records, it is difficult to view that the sentence imposed by the court below is too unreasonable and unreasonable. Thus, Defendant’s assertion

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.

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