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(영문) 서울북부지방법원 2017.02.16 2016노2525
장물알선
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Reasons

1. The lower court’s sentencing (one year and six months of imprisonment) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. Judgment on the grounds for appeal

A. Although Defendant A had been sentenced to imprisonment three times with prison labor due to the same crime, he/she again commits the crime of this case, and the value of each stolen good arranged by the Defendant is considerably high, there are unfavorable circumstances to the Defendant.

However, in full view of various circumstances revealed in the records and arguments, such as the defendant's age, sex, career, environment, motive and background of the crime, means and consequence, the punishment imposed by the court below is too too too too unreasonable and unfair, and thus, the defendant's allegation of the above unfair sentencing is justified.

B. There are circumstances unfavorable to the Defendant, such as that the value of each stolen acquired by Defendant B is considerably high, and that there is no agreement with the victim company.

However, in full view of all the circumstances shown in the records and arguments, including the defendant's age, sex, career, environment, motive and background of the crime, means and consequence, etc., the punishment imposed by the court below is too excessive and unfair, and thus, the defendant's above argument on the punishment is justified. The defendant's above argument on the punishment is justified.

3. In conclusion, the Defendants’ appeal is reasonable, and therefore, it is governed by Article 364(6) of the Criminal Procedure Act.

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