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(영문) 수원지방법원 2015.01.22 2014노6326
특정범죄가중처벌등에관한법률위반(장물)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is taking into account the facts that the defendant led to the confession and reflect of the crime of this case, and that the defendant is the first offender, etc. However, since the realization of the mobile phone is high, it is frequently subject to larceny and stolen crimes. The crime related to the mobile phone is likely to leak personal information contained in the mobile phone machine or use it as a largephone and cause other crimes. The crime of this case requires strict punishment due to poor nature of the crime. The crime of this case is an interim collection of the mobile phone machine from G, etc., and exports it to China in connection with stolen business operators, and its nature is heavy. The crime of this case is a crime falling under Article 5-4 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 363 (1) and Article 362 (1) of the Criminal Act where the defendant habitually acquires stolen goods, and its statutory punishment is imprisonment with prison labor for more than three years, and even if the defendant selects a limited term of punishment in this case without any other legal grounds, it does not admit the punishment of punishment of the defendant's maximum punishment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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