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(영문) 춘천지방법원 강릉지원 2020.03.26 2019노650

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and confiscation) of the lower court is too unreasonable;

(2) In the grounds of appeal submitted by the Defendant, the Defendant asserted that “the Defendant committed the instant crime by intimidation and deceiving the Defendant,” but the Defendant withdrawn the aforementioned assertion of misapprehension of the legal principles on the date of the first trial of the party instance, and stated that all of the aforementioned circumstances were considered in sentencing. However, on February 2, 200, the Defendant led to confession and rebuttal of the instant crime, and did not have any record of punishment in Korea.

However, crimes caused by Bophishing are very poor in the nature of the crime, and there is a serious personal and social harm so that strict punishment is needed.

The crime of this case is a means by which the Bosing Organization forms a large part of the crime as a means to realize the benefit of the crime, and the defendant directly intrudes on the residence of the victim, and the method to commit the crime or the degree of participation is not easy.

In addition, the damage was not completely recovered.

In addition, considering the Defendant’s age, character and conduct, environment, the details and contents of the instant crime, and the sentencing conditions indicated in the instant records and pleadings, the lower court’s sentence cannot be deemed unreasonable.

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