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(영문) 수원지방법원 2014.01.23 2013노3566

절도

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following circumstances: (a) the Defendant recognized the Defendant’s criminal act; (b) made mistake against the Defendant; (c) returned the victim of the police investigation; (d) repaid 100,000 won in cash consumed; and (e) equity with the case of concurrent judgment at the same time with the crime of embezzlement under the latter part of Article 37 of the Criminal Act, etc., which is favorable to the Defendant; (d) on the ground of its economic difficulties, the Defendant sent time to the victim contact with the victim who has a intellectual disability; and (e) let the victim pay meal and accommodation expenses; and (e) the Defendant avoided and escaped from the instant criminal act; (e) the Defendant had the history of punishment for the same or a variety of crimes; and (e) other factors of sentencing as indicated in the instant records and pleadings, such as the Defendant’s age, character and behavior, family environment; and (e) the motive, method and consequence leading up to the instant criminal act; and (e) the circumstances and attitude of trial before and after the instant crime.

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