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(영문) 대전지방법원 2014.11.20 2014노2696
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s mistake and reflects his/her fault; (b) most stolen goods were returned; and (c) the Defendant appears to have committed a crime to maintain his/her livelihood.

However, the crime of this case was committed by the defendant jointly with his accomplice and habitually commits the crimes of this case, which are disadvantageous to the defendant, such as the theft of 14 vehicles for the Adominian management machine in a plastic greenhouse, with heavy liability for the crime, and repeated crime committed in a short period, and the value of the stolen goods exceeds 34 million won, the victims did not agree with the victim, and the defendant was sentenced to a punishment for the same kind of crime, and the crime of this case was committed even during the period of a repeated crime of the same kind.

In this context, the scope of recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court is from 2 years to 4 years of imprisonment, thief, thief, 1 type, 1 type, special person (no person), basic area, and the scope of recommended punishment (two to four years of imprisonment). In addition, considering all kinds of sentencing conditions such as Defendant’s age, health, character and conduct, environment, motive, means and consequence of the crime, before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. 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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