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(영문) 서울동부지방법원 2014.07.10 2013노410
장물취득
Text

All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the court below on the defendant A and the prosecutor on the defendant A is too heavy, or it is improper to thunder the sentence.

B. Defendant B’s punishment (a fine of KRW 4 million) sentenced by the lower court against Defendant B is too unreasonable.

2. Determination

A. The circumstances favorable to the above defendant A and the prosecutor’s assertion of unfair sentencing are as follows: (a) the confession of the crime and the mistake are divided; (b) the profit gained from the crime appears not to be significant; (c) the victim G, L, R and M deposited 250,000 won each for the purpose of the crime; (d) the defendant did not have the same criminal record; and (e) the defendant was detained for four months due to each of the crimes of this case; and (e) the defendant was released for four months; and (e) the time during which he

However, in full view of all the circumstances, including the fact that the stolen crime causes and encourages the theft crime, the fact that the cell phone acquired by the above defendant as stolen is used as a so-called largephone and is in danger of causing other crimes, and the above defendant committed each of the crimes of this case without being aware of the fact that he/she was sentenced to a suspended sentence of six months on November 25, 201 due to a violation of the Game Industry Promotion Act on December 3, 2011, which became final and conclusive on December 3, 2011, and was under suspended sentence, and that he/she committed each of the crimes of this case without being aware of the fact that he/she was committed, and other circumstances, such as the defendant's age, character and behavior, environment, and motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, etc., the court below's sentence imposed on the above defendant is too heavy or unreasonable, and thus

B. Defendant B’s assertion of unfair sentencing regarding Defendant B’s assertion of unfair sentencing is the confession of a crime, the mistake is divided, and the profit gained from a crime seems not to be significant, and the above Defendant acquired it as stolen property.

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