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(영문) 창원지방법원 2014.11.06 2014노1755

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case was committed between December 16, 2013 and March 10, 2014 by the Defendant, who habitually stolen the total amount of KRW 20,310,200 from the market price of cash and precious metals of 42 victims on 42 occasions through the cresh in the restaurant, skin room, convenience store, etc. using the cresh in which the principal or employees are located, and the case is not less than that of the case; the Defendant was sentenced to the suspension of indictment for larceny, etc. at the Daegu District Public Prosecutor's Office Kimcheon-si Office on October 28, 2013, and the Defendant was sentenced to the suspension of indictment for larceny on October 30, 2013, but the Defendant committed each of the crimes of this case, and the Defendant was sentenced to the suspension of indictment from the office of the Seocheon District Public Prosecutor's Office on October 30, 2013 to the trial of the party.

) The fact that no agreement was reached with each victim of Nos. 14 and 36 once a year is unfavorable to the Defendant.

However, the defendant is led to each of the crimes of this case in order to maintain his livelihood after his parent's divorce and his father's infertility. The defendant agreed with the victim 37 persons (excluding the victims of crime No. 14, 22, 23, 25, and 36) in the court below. Further, the victim is not punished against the defendant. The victim is not punished against two other victims (the victim No. 22,23,25). The defendant has already deposited the amount of damage 124,00 won and 120,000 won per annum. The defendant has yet to deposit the amount of damage with his parent's father, and the defendant has reached an agreement with the victim 37 persons (excluding the victims of crime No. 14,22, 23, 25, and 36). The circumstances and circumstances of each of the crimes of this case are as follows.