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(영문) 수원지방법원 2014.11.07 2014노5195
장물취득
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months sentenced by the court below is too unreasonable.

2. The Defendant does not have any previous error and is divided into his wrong error.

After the judgment of the court below was rendered, 2,610,000 won was deposited for victims.

was detained for a considerable period of time (110 days).

In full view of all the circumstances, such as the Defendant’s age, character and conduct, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the punishment for six months sentenced by the lower court is too heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the criminal facts and evidence of the defendant recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 362 (1) of the Criminal Act concerning the facts constituting an offense and Article 362 (1) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reversal of a sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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