beta
(영문) 대전지방법원 2015.02.05 2014노2904

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The circumstances are that the Defendant’s mistake is divided and reflected, and the fact that the stolen goods have been returned to some victims are considered.

However, the Defendant habitually stolen another person’s cash, credit card, etc., and repeatedly committed a crime of violating the Specialized Credit Financial Business Act by using a stolen credit card, etc., and thus, the liability for such crime is very significant, the victims’ total amount of damage exceeds 50 million won, the victims did not agree with the victims up to the trial, and most of the damages have not been recovered, and the Defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was a repeated crime of the same kind.

This is the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), the scope of sentence for recommending and punishing fraud, the first crime: the thief crime group, habitual and repeated crime theft, the first type, the first type, the basic area, and the scope of the recommended punishment (two to four years of imprisonment): The second crime: fraud crime group, general fraud, the first type, the special victim (in the case of repeated crimes against a specific or a large number of victims or for a considerable period of time, the same repeated crime), the special aggravation area, the special aggravation area, the recommended range (one to three years of imprisonment), and the majority of crimes (two to five years of imprisonment). In full view of all the sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, and the conditions before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.