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(영문) 전주지방법원 2014.03.28 2014노139

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (two years and six months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized all of the crimes of this case and reflected against the defendant, and that part of the damaged goods were temporarily returned is favorable to the defendant.

However, the defendant committed each of the crimes of this case over several times during the period of repeated crimes, and each of the crimes of this case is not unfair in full view of all the circumstances, including the defendant's age, character and behavior, living environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for sentencing, the sentence of sentence by the court below is too unreasonable, considering the following factors: (a) the defendant mainly takes into account the elderly in a rural area, stolen money, cash, deposit passbook, seal, etc.; and (b) let multiple employees know of such circumstances withdraw the deposit at a bank using stolen deposit passbook, seal, and the amount of damage exceeds 130 million won in total; (c) the victim is very poor and considerable; and (d) the victims' damage was not recovered properly; and (e) the defendant's age, character, living environment, family relationship, motive

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

However, according to Article 25(1) of the Rules on Criminal Procedure, the third part of the facts constituting the crime of the judgment of the court below is as follows. The third part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th part of the 5th decision of the court below is as follows: "the defendant, together with F, stolen the victim L and the N's property, stolen property from the cash payment machine managed by the 3th branch of the