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(영문) 인천지방법원 2014.03.28 2014노59
절도
Text

The defendant's appeal is dismissed.

The defendant shall pay 68,49,630 won to an applicant for compensation.

The above compensation order shall be.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In full view of the following facts: (a) the crime of this case was committed by the Defendant who committed the theft of goods on a planned basis at his/her workplace for a long time; (b) the nature of the crime is not good; (c) the amount of damage is not significant; (d) the Defendant’s recovery from damage to the trial; or did not agree with the victim; (c) the Defendant has the criminal records of the same kind; and (d) the Defendant’s age, character and conduct, environment; (d) the background and consequence of the crime of this case; and (e)

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. Since an application for remedy order filed in the court of the first instance is well-grounded, the defendant shall be ordered to pay the theft amount stated in the order pursuant to Articles 25 (1), 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and a provisional execution declaration is attached pursuant to Article 31 (3) of the same Act.

(However, of the reasoning of the judgment of the court below, since it is obvious that K "K" is a clerical error of "G", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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