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(영문) 서울북부지방법원 2014.07.24 2014노517
장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (5 million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the defendant reflects the defendant's wrong recognition and reflects his depth, and there is no history of punishment other than the punishment imposed once for a crime different from each of the crimes of this case, and all of the defendant and his/her spouse are in a very difficult living environment to be declared bankrupt. Each of the crimes of this case is recognized as having been professionally acquired smartphones, which are stolen in a systematic manner. Since each of the crimes of this case can promote other property crimes and violent crimes, which are mainly committed against the aged young juveniles or his/her leaders, it is highly likely to cause serious social harm and injury. Thus, it is necessary to strictly punish the defendant. The size of the stolen goods acquired by the defendant is considerably large, and other various circumstances that form the conditions of sentencing as shown in the records, such as the motive and background leading up to each of the crimes of this case, the defendant's age, character and behavior, environment, family relationship, etc., the punishment imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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