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(영문) 부산지방법원 2018.07.12 2018노1518
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant paid damages to the victim E and agreed that the Defendant would have agreed with the said victim, and the Defendant did not have the same criminal record.

However, the crime of this case is the acquisition of stolens from the phishing crime, and constitutes a repeated crime.

There are circumstances in which the Defendant attempted to acquire the money by re-using the crime related to Bosing together with the friendship after committing the instant crime in the same way as the instant case.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and the age of the accused as shown in the deliberation of the original court and the political party, the background leading to the instant crime, the criminal records (two times of imprisonment, the suspension of the execution of imprisonment, one time of the suspension of the execution of imprisonment, and three times of fines), and the scope of the recommended punishment according to the sentencing guidelines, such as the conditions of sentencing and the circumstances after the crime, shall be considered comprehensively. The sentence imposed by the court below is not severe within the reasonable

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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