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(영문) 수원지방법원 2013.10.31 2013노4039
장물취득
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the accused (eight months of imprisonment) is too unreasonable.

Judgment

Although considering the fact that the Defendant had no criminal record, agreed with the victim I, and that the mistake is divided, the court below seems to have set a sentence in consideration of such circumstances, the crime of this case is not deemed to have been completely recovered from actual damage by the agreement with I, because the total market price of stolen goods (71,225,00 won) is considerable, and the case is not deemed to have been completely recovered from actual damage by the agreement with I, and all of the sentencing conditions in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, circumstances after the crime, etc., shall not be deemed to have any heavier punishment.

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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