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(영문) 대전지방법원 2016.10.20 2016노1998

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and two months of imprisonment) is too unreasonable.

2. The fact that the defendant deposited KRW 5 million to the victim for the recovery of damage is favorable to the defendant.

However, the act of stealing oil from oil pipelines is likely to cause environmental pollution and large participation, and is a crime of great social harm and injury, such as distortion of the petroleum distribution market. The crime of this case was systematically conducted under a thorough plan from the mother to the execution, and the nature of the crime is poor. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the defendant's punishment against the defendant is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

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

(However, among the column for the application of the laws and regulations of the lower judgment, Article 31 of the Criminal Act, which is followed by the “Article 331 of the Criminal Act,” of Section 3, Paragraph 2 and Paragraph 1, which is clearly omitted, shall be corrected ex officio by adding it in accordance with Article 25(1) of the Rules on