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(영문) 창원지방법원 2014.04.03 2014노21
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds of appeal: (a) the Defendant led to confession and reflects; (b) most of the damaged items were temporarily returned to the victims; (c) the Defendant agreed with the victim I and U among the victims during the appellate trial; (d) the Defendant resulted in the instant crime due to the lack of economic circumstances; and (e) the Defendant is in the position to support his/her family; and (b) the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the crime of this case was committed on September 8, 2013 through September 21, 2013, the Defendant committed the crime of this case, in collaboration with Co-defendant B or on September 21, 2013, with the Defendant alone, and committed a theft or attempted theft by repeatedly impairing another’s stores or warehouses over a total of 15 times, and the victim reaches 14 persons in total, and even if the Defendant excluded each damaged amount of 12 victims I (a total of 1.690,00 won), U (a total of 1.6 million won) and U (a total of 1,00,000 won) from each damaged amount, the case was not less than 2.7 million won, and the Defendant had been punished several times as larcenys in the past, and there was no reason to view that the Defendant again was sentenced to imprisonment with prison labor and punishment for a repeated crime of this case from May 16, 2013 to 308.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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