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(영문) 의정부지방법원 2014.05.16 2014노148
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (three years of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. We examine the grounds for appeal by the judgment and the defendant.

The defendant led to each of the crimes in this case, and the victim expressed his/her intention not to be punished under the agreement with the victim F, and the vehicle subject to theft has been recovered.

However, there are circumstances such as the fact that most of the crimes of this case in order to avoid the police tracking, the Defendant began to steals another person's vehicle, and that the nature of the crime is very poor, the total amount of damage of each of the crimes of this case not only exceeds KRW 100 million, but also appears to have not been recovered most of damage, and the Defendant has the record of having been subject to criminal disposition over three times, including having been sentenced to punishment for the same larceny.

Ultimately, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, occupation, circumstances leading to the instant crime, details of the crime, and circumstances leading to the crime, etc., the sentence of the lower court cannot be deemed to be too minor or unreasonable.

The prosecutor and the defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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