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(영문) 대구지방법원 2014.03.20 2014노218
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant is against the gist of the grounds for appeal.

2. The facts that the defendant recognized the crime and seriously reflects the defendant, and the defendant appears to have committed the crime of this case in order to punish the living expenses due to the failure of business operation, etc. are favorable circumstances.

However, the fact that the defendant has already been punished for the same kind of crime, in light of the number of crimes committed by the defendant, the amount of damage is considerable and the quality of the crime is not good, and the crime of acquiring the cell phone is encouraging the crime of larceny or embezzlement of stolen objects by possession of the cell phone, such cell phone is used as a cellphone and is likely to cause other crimes, and there is no way to recover the damage therefrom.

In full view of the above circumstances, other circumstances revealed in the records and pleadings, such as character, conduct, environment, etc. of the Defendants, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary from the original judgment and the punishment.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is without merit.

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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