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(영문) 춘천지방법원 강릉지원 2019.02.14 2018노418
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and fines for 100,000 won) of the lower court is too unreasonable.

2. The Defendant is both aware of and against all of his criminal acts.

The amount of damage caused by the Defendant’s each crime of this case is relatively small, and a considerable number of damage was returned to the victim.

In addition, when the court below reached an agreement with the victim X, the above victim does not want the punishment of the defendant.

However, even though the Defendant had had been punished for the same crime, the Defendant again committed each of the crimes of this case repeatedly.

Considering the period, frequency, method, etc. of committing a crime by a defendant, the quality of the crime is not good, and the defendant did not reach an agreement with the victims other than one victim.

In addition, even if the defendant's age, character and conduct, environment, circumstances before and after the crime, and various sentencing conditions shown in the arguments are considered, the sentence of the court below against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, the judgment of the court below is to delete Article 329 of the Criminal Act from among the "Application of the Act", "Article 70 (1) 3 of the Specialized Credit Finance Business Act", "Article 70 (1) 3 of the Specialized Credit Finance Business Act", "the use of stolen credit cards, etc.," "the use of stolen credit cards, etc.," "the choice of imprisonment", "the use of stolen credit cards, etc.," and "the choice of imprisonment" by each card, and correct it as "the choice of imprisonment".

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