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(영문) 창원지방법원 2016.05.18 2016노576
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. A favorable circumstance is that the Defendant recognized all of the instant crimes and reflected, received the proposal of C, an accomplice, and led to the instant crimes, and the Defendant appears to have not much profits from the instant crimes.

However, the crime of this case committed a theft of precious metal by intrusion upon the victim’s housing correction devices accompanied by the victim’s housing correction devices, and thus, the method and contents of the crime were very dangerous, and the Defendant played a key role in viewing the network.

Although the Defendant asserts that C had the entrance of the victims, the degree of participation is not less than that of the victims by directly entering the residence of the victims in case of some crimes, such as seeking money and valuables, and there are many records of criminal punishment for the same crime, and the crime of this case is committed during the period of repeated crime, the damage is not completely recovered, and the crime of this case has escaped for not less than one year after the crime of this case.

In full view of the aforementioned circumstances and other circumstances, including equity in sentencing with accomplices C (two years of imprisonment), Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable and thus, cannot be deemed unfair.

3. In conclusion, 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.

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