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(영문) 대구지방법원 2015.09.03 2015노2800
장물취득
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

All of the crimes of this case are recognized by the defendant and against his mistake, and all of the damages of this case have been seized, etc. are favorable to the defendant.

On the other hand, even though the defendant had been punished for the same crime, he/she again led to the crime of this case, and the number of such crimes reaches 41 times, etc. are disadvantageous to the defendant.

Considering the above circumstances and the various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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