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(영문) 수원지방법원 2016.08.17 2016노3293

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment that the Defendant recognized and reflected the instant crime.

However, the crime of this case is a theft of another person's property in collaboration with A at least seven times, and deceptions one cuter by deceiving a person, and the nature of the crime is not good when considering the frequency of the crime, the number of victims, etc.

The victims did not recover from damage.

Defendant has been punished for the same kind of crime, and in particular, committed the crime of this case during the period of repeated crime for the same kind of crime.

The lower court determined a sentence in consideration of equity in the case of a judgment at the same time with the case of larceny for which judgment has become final and conclusive.

In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem unfair because it is too unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as indicated in the previous theory.

Therefore, the defendant's above assertion is without merit.

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