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(영문) 대전지방법원 2016.07.06 2016노744
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one-year imprisonment) by the lower court is too heavy or unhued so as to be unreasonable;

2. The judgment of the defendant has committed a damp and repeated crime; the degree of damage caused by the crime of this case is very heavy; the occurrence of many victims; the nature of the crime is very bad in light of the circumstances and methods of the crime; and the defendant again commits the crime of this case even though he had a history of having been punished for the same kind of crime; according to this, it is reasonable to place the defendant on a strict punishment.

Meanwhile, there may be also be circumstances to consider the fact that the defendant agreed with some victims that the victims do not want the punishment of the defendant, paid part of the amount of damage, etc., and that they make their own efforts to recover damage, and that all of the crimes of this case are committed.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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