beta
(영문) 전주지방법원 2013.12.13 2013노1050

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (as of the type of punishment, 124, 125, 2013, 125 and 165, 2013, 2013, 165, 1, 2, 1, 2, 2, 1 or 3, 1 or 3, 1 or 3: 1 year of imprisonment, and 1 year of imprisonment, and 1 year of imprisonment) of the attached list of crimes (3), 2, 2.

2. Determination of part of the instant crime is based on the equity between the case where the judgment becomes final and conclusive and the case where the Defendant deposits an amount equivalent to the value of stolen goods for victims of larceny, etc., and recognizes the instant crime, thereby seriously against his mistake.

However, there are records of punishment for the crime of the same kind. In particular, the fact that the defendant intrudes into the base station of communication company over several occasions and steals or attempted to steals a considerable amount of contact with the line and contact board, etc., and some of these crimes are very heavy, and the defendant committed the crime during the suspension period of the execution of imprisonment sentenced to the same kind of crime. The defendant did not reach an agreement with the victims. The crime of occupational embezzlement and fraud is embezzlement by arbitrarily consuming the amount of money that the defendant received and received for the victim as the receiving member of the victim H, and by deceiving the victim S with a considerable amount of communication materials, the crime and circumstances of the crime are not easy, and the defendant's age, character, conduct, environment, family relationship, etc. were not reached in agreement with the victims, and the punishment of the case is too excessive. Thus, the defendant's assertion is not justified.

3. Thus, the defendant's appeal is without merit.

참조조문