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(영문) 인천지방법원 2014.07.18 2014노1606

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first crime: the imprisonment of two months, and the imprisonment of eight months) of the lower court is too unreasonable; and

2. The judgment is a favorable condition for the defendant, who committed the crime of this case, committed the crime of this case, committed a mistake, divided the degree of damage, the victim H did not want to be punished by the defendant, and the victim G is also punished by the victim G. The special larceny crime of this case is in a concurrent relationship with the crime of fraud established on August 27, 2010 under the latter part of Article 37 of the Criminal Act with the crime of fraud, which is established on August 27, 2010, and it is necessary to determine punishment in consideration of equity with the case where the judgment is to be rendered simultaneously under Article 39(1) of the Criminal Act

However, the court below had determined punishment by fully considering the circumstances favorable to the defendant, and it seems that there is no change of circumstances that would differ from the judgment of the court below, and the defendant committed the crime of this case repeatedly without being aware of the fact that the police had been subject to a disposition of suspension of execution several times due to the same kind of crime, and the defendant committed the crime of this case repeatedly without being aware of the fact that he was identified as the suspect for a special larceny, and when the police came to know that he was the suspect for a special larceny, he committed the crime of this case again while escaping, and used intelligent methods to avoid tracking, such as changing the cashier's checks, in cash, which are damaged goods, and taking full account of other various sentencing conditions as well as the records and arguments, such as the age, character and environment of the defendant, the circumstances before and after the crime, etc., the sentence against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, Article 55(1) of the Criminal Act is applicable to the items of "1. concurrent crimes" in the application of the law of the judgment of the court below.