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(영문) 수원지방법원 2014.11.20 2014노5527
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the court below takes into account the facts that the defendant led to the confession and reflect of the crime of this case, and that the crime of this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act. However, the crime of this case is committed by stealing the cargo vehicles owned by the victim company which was planned by B after the conspiracy between the defendant and the defendant and the defendant, and the crime of this case is committed, and the crime of this case is serious in light of the criminal law, and the defendant issued the preliminary heat of the cargo vehicles to the defendant. However, since the defendant directly stolen the cargo vehicles and then disposed of them, and then divided the profits therefrom, the defendant's participation in the crime of this case is determined to be excessive compared to B, since the defendant was sentenced to punishment of suspended sentence for the same crime of this case, there was a history of punishment for the defendant, such as punishment for the crime of this case, and the defendant committed a violation of discipline within the detention house even after the detention of this case, and considering various circumstances that meet the conditions for sentencing, such as age, working environment, etc. of the defendant's assertion is not accepted.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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