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(영문) 대구지방법원 2011.09.23 2011노2241
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the sentence of one year and six months sentenced by the court below is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant’s mistake is divided in the course of the investigation; (b) partial recovery of damage was made in the course of the investigation; (c) there was an agreement with some victims; (d) the amount of theft was a total of 6.20,00 won; and (e) the amount of fraud was not relatively significant in the aggregate of 1.9,00 won; (b) the Defendant has the record of having been sentenced to prosecution suspension disposition once due to larceny, special larceny; (c) the Defendant committed the instant crime again during the period of suspension of execution; (d) the Defendant committed the instant crime again during the period of suspension of execution; (e) the Defendant did not completely recover damage; (e) the lower court sentenced the maximum sentence within the scope of the punishment mitigated; (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the records of the instant case, such as the circumstances after the crime, etc. are not reasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per

[However, Article 331(2) of the Criminal Act is clearly omitted in the order of "victim" before "M" under paragraph (4) 3 of the same Article, "Article 331(2) of the Criminal Act" after "Article 329 of the Criminal Act," and "Article 347(1) of the Criminal Act," and "Article 347(3) of the Criminal Act," after "Article 25(1) of the Rules on Criminal Procedure," since it is apparent that "the crime committed on the 3th day of the decision of the court below is omitted by mistake," and therefore, it is corrected that it is added ex officio in accordance with Article 25(1) of the

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