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(영문) 의정부지방법원 2018.07.23 2018노1534
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a prison term of 10 months and confiscation) is too unreasonable.

2. It is recognized that the Defendant recognized his mistake and reflects the victim's lecture, that the victim's lecture does not want the punishment of the defendant, that 300,000 won is deposited for the Korean Electronic Finance Co., Ltd., the owner of the cash withdrawal period, that the damaged goods will return to the owner, and that the Defendant appears to have committed the instant crime for the purpose of maintaining his/her livelihood.

However, the crime of this case was committed after the defendant stolen the cargo vehicle, and attached the number plate attached to another vehicle to the above cargo vehicle, and then stolen the friendly and cash withdrawal machine using the above cargo vehicle. In order to steal the cash withdrawal machine, it was planned and sealed by the law of the crime, such as preparing the friendly and monm scoos, etc. in advance.

In full view of the following circumstances: (a) the method of committing the instant crime was also a crime; (b) the victims of the instant crime of larceny and the cash withdrawal machines; and (c) the fact that the Defendant committed the instant crime even though having been punished by a suspended sentence of imprisonment due to larceny in around 2006; and (d) there was no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; and (c) the Defendant’s age, sexual behavior, environment, motive and background of the instant crime, means and method of the crime; and (d) various circumstances that form the conditions for the pleadings and the sentencing specified in the records, such as the circumstances after the crime was committed, it is not deemed unfair because the sentence imposed by the lower court was too excessive.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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