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(영문) 대구지방법원 2014.09.24 2014노60
장물취득
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B A person shall be punished by imprisonment for not more than four months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (for defendant A: 6 months of imprisonment, 2 years of suspended sentence, 6 months of imprisonment and 2 years of suspended sentence) declared by the court below to the defendants is too unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession of all of the instant crimes, and the Defendant appears to be engaged in other business after the instant crimes, the instant crimes are serious social harm, such as inducing or aiding and abetting the criminal act of larceny or embezzlement of stolen objects by possession of mobile phone machines. Smartphones used in the criminal act of acquiring stolen objects used in largephones, etc. are used in largephones, and may cause other property crimes or encourage violent crimes. The Defendant’s each of the instant crimes appears to have been purchased approximately KRW 223 million in smartphones. The Defendant was punished twice (two times in fines) due to the same crimes, and the Defendant’s criminal act of this case is not subject to punishment, equity in the age, methods of the Defendant’s criminal act, etc., and there is no reason to believe that the Defendant’s criminal act of this case was committed on the grounds that there is no reason to believe that the Defendant’s criminal act of this case was committed on the grounds that the Defendant’s criminal act of this case was committed on the contrary.

3. The Defendant’s crime of this case concerning Defendant B’s assertion of unfair sentencing is to encourage or assist in the crime of larceny or embezzlement of stolen objects by possession of mobile phone machines, and there is a serious social hazard, such as inducing illegal mobile phone distribution transactions to take place, and smartphones used in the criminal act of acquiring stolen goods are used in largephones, etc., and causes other property crimes or violent crimes.

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