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(영문) 춘천지방법원 2015.09.16 2014노893
장물취득
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of imprisonment and 5 months) of the lower court’s respective sentences (e.g., imprisonment) are too unreasonable.

2. As in the instant case, the act of acquiring a stolen cell phone, like the instant case, is likely to encourage multiple crimes against the mobile phone, to cause other crimes, such as using the cell phone as a large phone, and it is difficult to recover damage therefrom, and the nature of the relevant crime is not easy. The Defendants committed the instant crime during the suspended execution period due to special larceny, the Defendants committed the instant crime, the number of handphones acquired by the Defendants, and other various sentencing conditions indicated in the records, such as the motive and background leading up to the instant crime, the circumstances after the commission of the crime, and the age, character and conduct of the Defendants, and the environment. Therefore, the Defendants’ above assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “2.10,00 won” of the crime Nos. 5 and 6 of the judgment of the court below shall be changed to “1.35 million won,” and approximately approximately KRW 2.110,000,000, respectively, to “a approximately 1.355 million won,” respectively.

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