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(영문) 수원지방법원 2014.10.30 2014노4570

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment and confiscation) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below takes into account the following factors: (a) the defendant divided the defendant's wrong facts; (b) compensation for damages to the victim and agreed with the victim; (c) the co-defendant's co-defendant's arrest cooperates with the court below; and (d) the defendant committed the crime of this case in a systematic and planned manner with co-defendants; (b) the degree of the defendant's participation in the crime of this case is not easy; (c) the amount of damage to theft is the maximum amount of 22 million won; (d) the defendant was sentenced to imprisonment for 8 months with prison labor for special larceny under the same law; and (e) the defendant committed the crime of this case again during the period of repeated crime after the execution of the punishment was completed; and (e) the defendant committed the crime of this case during the period of repeated crime; and (e) all the sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and conduct, circumstances, and circumstances after the crime.

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