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(영문) 대전지방법원 2013.04.11 2013노206
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (10 months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant led to the confession and reflect of each of the instant crimes; (b) the benefits derived from each of the instant crimes appears to have not been significant; (c) the Defendant committed the instant crime to maintain his livelihood in a de facto state; and (d) some of the damaged goods were temporarily returned to the victim Co., Ltd. for the development of friendly sources.

However, in light of the fact that the commission of each of the larcenys of this case was committed 14 times systematically and repeatedly for about 2 months, the victim's total amount of damage from each of the crimes of this case reaches 31,843,400 won, the victims' damage was not restored to the trial at the trial except the above temporarily returned part, the victims' damage was not restored to the trial at the trial, the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, and the risk of recidivism, etc., the court below's punishment cannot be deemed to be undue, considering all of the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, criminal records, circumstances

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

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