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(영문) 청주지방법원 2016.07.14 2016노433
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is divided into each of the crimes in this case and is against himself.

The amount of damage caused by theft and fraud is minor.

The defendant paid the amount of damage caused by fraud to the victim in the investigative agency, and the court below made an agreement with the thief victim to seek a preference against the defendant.

Circumstances unfavorable to the defendant are as follows:

In 2014, the defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. and committed each of the crimes in this case during the period of repeated crime.

There is a history that the defendant has been subject to criminal punishment or juvenile protective disposition on several occasions due to fraud, theft, etc.

In the case of a violation of the Military Service Act, only the statutory penalty is prescribed by imprisonment.

There is no change in circumstances that would change the punishment of the court below for the first time.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

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. It is so decided as per Disposition.

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