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(영문) 서울동부지방법원 2016.05.12 2015노1638
장물취득
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the defendant was sentenced to a two-year suspended sentence for the crime of acquiring stolen goods at the Incheon District Court on June 18, 2015 and was sentenced to a two-year suspended sentence on May 18, 2015, the defendant again committed the crime of this case during the suspended sentence, and did not recover from damage, it is necessary to punish the defendant accordingly. However, the crime of this case does not reach the degree of sentence solely on the fact that the crime of this case was committed with four stolen mobile phones, and was committed again with the proceeds of this case by being too small and medium amount of profit-making, except for the crime of acquiring stolen goods, the defendant did not have any specific criminal records, and the defendant seems to have yet to have yet been pointed out at the age of 21 years, and it is more necessary to assist and correct the defendant to grow as family and social members within the facility rather than having the defendant receive treatment within the facility, and to help the defendant's parents and the defendant's parents, as well as the defendant's adaptation.

In full view of the fact that the sentence imposed by the court below is proper and too uneasy, and all other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered, the sentence imposed by the court below is not considered unfair.

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

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