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(영문) 춘천지방법원 강릉지원 2015.01.13 2014노557

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year and six months) is too unreasonable.

2. The judgment is favorable to the defendant, such as the confession of the crime by the defendant, the smooth agreement between some victims, the need for fostering of the defendant, and the absence of any other criminal records.

However, in the instant case, the Defendant’s punishment against the Defendant is too unreasonable, considering the following circumstances: (a) the Defendant, along with students and unemployed persons, stolen another person’s smartphone, or abetted him/her to larceny and acquired stolen goods; (b) the nature of the crime is inferior in light of the method of the crime, the amount of damage, the frequency of the crime; and (c) the damage has not been recovered; and (d) the sentencing conditions of the instant case, including these various circumstances, such as the Defendant’s age, occupation, motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., cannot

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