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(영문) 서울서부지방법원 2014.09.11 2014노695
범인도피등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the lower court’s imprisonment (ten months of imprisonment), the Defendant asserts that it is unreasonable for the Defendant to go without prison labor, and the prosecutor asserts that it is unreasonable to go without prison labor.

2. The crime of this case, based on the following facts: (a) the Defendant purchased stolen cell phones at a low price and disposed of them at a low price so as to gain profits; (b) the Defendant took false statements at an investigative agency to escape a criminal suspect committing fraud; (c) the Defendant has been punished several times, including like violence, theft, etc.; and (d) the Defendant committed the crime of acquiring stolen goods of this case and the criminal attempted to commit the crime during the repeated crime period; and (c) the victims of the crime of acquiring stolen goods have not agreed upon or has not recovered from damage; and (d) the Defendant shall be subject to strict punishment corresponding to the relevant act.

However, considering the fact that the defendant has led to a confession of all crimes and has a depth, some victims of the crime of acquiring stolen property, and the victim of the crime of inflicting bodily injury did not want to be punished by the defendant, the amount of damage inflicted upon some stolens deposited, and other various sentencing conditions as shown in the records and arguments, such as the background and means of the crime of this case, the degree of damage, the circumstances after the crime, the defendant's career, age, environment, etc., the sentence of the court below cannot be deemed to be too weak or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit and it is so decided as per Disposition pursuant to Article 364(4) of the Criminal Procedure Act.

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