beta
(영문) 의정부지방법원 2014.12.03 2014노2247

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of the Defendant is recognized in light of the following: (a) the Defendant has led to the instant crime to all of the instant crimes; (b) the Defendant has no specific criminal record other than the punishment once for the instant crime; and (c) the Defendant appears to have led to the instant crime to raise living expenses and hospital expenses.

However, the crime of this case was committed by the defendant habitually by theft of electric wires installed in the utility pole, which is a major major infrastructure of the State, and the nature of the crime is inferior, the damage amount to 30 million won was not agreed with the victims, and the damage recovery was rarely not made until the trial. In light of the defendant's situation, etc., the court below sentenced the lowest punishment within the applicable sentencing range, which is set forth in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the court below's punishment cannot be deemed to be unfair

3. Therefore, 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