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(영문) 광주지방법원 2014.09.04 2014노1740
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment and confiscation) of the lower court is too unreasonable.

2. The judgment that the defendant recognized all of the crimes of this case, appears to have been divided in depth into the crime of this case, there is no record of punishment for the same crime except for the punishment once by a fine, and the defendant suffering from a big pulmonary disorder and thus it seems necessary to examine the defendant. The defendant agreed with 16 victims among 20 victims whose identity has been confirmed at the court below, 3 victims were deposited with 3 victims, and the other victims were paid insurance money in the insurance company to which the victim was admitted, and the insurance company later seems to have claimed the defendant for compensation.

The fact that three victims, who have deposited in the trial of the party, have made efforts for the recovery of damage, such as the agreement between two victims, etc. is favorable.

However, the crime of this case is not likely to be committed because the window of a vehicle was damaged by a string, etc. prepared in advance and stolen property located within a string line, and the period of the crime reaches 2 years and 6 months, and the number of the crimes reaches 40 times, and the amount of damage exceeds 63,50,000 won, taking into account all of the sentencing conditions of this case, such as the defendant's age, character and conduct, environment, circumstances and result of the crime of this case, and circumstances after the crime, etc., it is deemed that the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without merit.

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

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