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(영문) 의정부지방법원 2016.09.20 2016노1873
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of the instant crime, that part of the crime was committed in a state of mental and physical weakness, that was agreed with the victim D, X, and K at the lower court, and that the victim J, L, M agreed with the victim J, L, M, and that most of the damaged goods were returned.

B. However, the defendant had been punished for larceny three times, the history of punishment for robbery or robbery was two times, the crime of this case was committed during the repeated crime due to robbery, the amount of damage incurred by the crime of this case exceeds ten million won, and there is no special change in circumstances after the sentence of the judgment of the court below in the first instance except as agreed with the victim J, and the defendant submitted a victim X, K, J, L, and M in the first instance court, but the victim X/K had already submitted a written agreement at the court below (see, e.g., the 68th page and the 69th page of the trial record), the victim L, and M expressed the intention of not to punish the defendant at the time of the police investigation (see, e.g., Articles 180 and 187 of the investigation record). In addition, even if the defendant's age, circumstance, and circumstances favorable to the defendant after the crime of this case were too favorable to the punishment of this case, the court below did not take into account the following circumstances.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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