(영문) 대구지방법원 2014.05.01 2014노795 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2014.05.01 2014노795

절도등

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All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment, and ten months of imprisonment) is too unreasonable.

2. The Defendants recognized the instant crime and reflected in the judgment.

The Defendants’ part of the larceny of electric wires was attempted, and Defendant A was temporarily returned to the victim from among the thiefs caused by Defendant A’s larceny, and Defendant B deposited approximately KRW 770,000 for the victim.

However, on February 16, 2012, Defendant A was sentenced to six months of imprisonment with prison labor for special larceny at the Daegu District Court and completed the execution of the sentence, and Defendant B tried to steals electric wires during the suspended execution period after being sentenced to imprisonment with prison labor for special larceny at the Daegu District Court on December 8, 2011, and Defendant B tried to steals again during the suspended execution period after being sentenced to imprisonment with prison labor for ten months for special larceny.

The crime of attempted special larceny of this case committed by the Defendants committed an attempted theft of agricultural wire in a single place. The Defendants were punished as a special larceny of the same kind under the previous several laws, and the Defendants repeated such punishment. In addition, it is necessary to strictly punish the Defendants, considering the planned form, such as responding to the place where the wire exists to be stolen at the time of the crime of attempted special larceny.

Defendant

A has the power to be punished for driving without a license, and again, a driver without a license of this case was driven without a license of this case, and a driver with a glass door of a passenger car and steals an object, and the nature of this part of the crime is also hot.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the court below cannot be deemed to be too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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