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(영문) 대전지방법원 2014.02.06 2013노2600
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (three years of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant led to the confession and reflect of each of the crimes in this case, the number of the theft in this case is relatively small amount of KRW 4.7 million, and that the defendant has no record of being punished for the same kind of crime, etc. Meanwhile, the crime in this case is stolen by entering the vehicle by destroying the correction device of the vehicle parked over 40 times, and the nature of the crime is very heavy in light of the method of the crime and the frequency of the crime; the crime was not agreed with the victims until the trial; the damage has not been recovered; and all of the sentencing conditions such as the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, the risk of recidivism, etc. are considered as inappropriate. Thus, the defendant's assertion is without merit.

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.

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