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(영문) 창원지방법원 2014.11.19 2014노2279

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant using an opportunity to clean up the victim D's cell phone store, thereby thefting 11 mobile phone units (a total of 10,231,100 won) in the above store, embling the mobile phone acquired on the street with the intent to acquire it, and withdrawing a total of 1,600,000 won by using the cash card issued by the victim I, and then cutting off the cash and debit card from the victim J, and then stealing it, then withdrawing a total of 2,40,000 won in cash using the above card, and then theft it. As such, the Defendant is against all recognized the crime of this case, and there is favorable circumstances such as the fact that part of the damaged items were returned to the victim.

However, there are no evidence suggesting that the court below sentenced 10 months of imprisonment with labor within the above recommended range, and sentenced 1/2 (9 months) and 1/3 (6 months) of the maximum punishment for larceny in accordance with the sentencing guidelines of the Supreme Court Sentencing Committee, in full consideration of the above favorable circumstances, there is no evidence suggesting that the court below sentenced 10 months of the above recommended punishment within the above recommended range, and sentenced 10 months of imprisonment with labor within the above recommended range, and there is no evidence suggesting that the court below changed the defendant's age, family relationship, health status, personality and conduct, environment, the defendant's criminal act, circumstances, circumstances leading to the crime of this case, the record and the result of the criminal act of this case, etc.