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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2014.04.17 2014노412
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the confession and reflect of the Defendant; (b) the amount of damage from each of the instant crimes is not significant; (c) the high speed cutting machines and concrete ballates were returned to the Victim G; and (d) the theft of the Victim D among the instant facts charged is about attempted.

2. Taking into account the circumstances alleged by the Defendant, each of the crimes of this case is that the Defendant steals wire and outdoor equipment connected to the victim D’s outdoor equipment, and that the case is not easy to say that the Defendant’s act of larceny constitutes an act of infringing another’s possession and under his/her factual control, and it does not require any act of transporting or taking out property (see, e.g., Supreme Court Decisions 64Do577, Dec. 8, 1964; 2008Do6080, Oct. 23, 2008). According to the records, the Defendant was sentenced to imprisonment with prison labor for the same kind of larceny, which is 6 months prior to the victim’s office entrance, and that the Defendant had been subject to a suspended sentence of imprisonment with prison labor for the same period as that of the Defendant, which is 10 years prior to the victim’s office entrance, and thus, it cannot be acknowledged that the Defendant had been subject to such a suspended sentence of imprisonment with prison labor for the same Type of larceny.

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