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(영문) 대전지방법원 2015.02.12 2014노2125
절도
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the original judgment is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s mistake was divided and reflected; (b) the amount of damage appears to be a small amount; and (c) a part of the stolen goods was returned to the victim.

However, the crime of this case is committed repeatedly by the defendant, which has repeatedly stolen the reinforcing from the construction site, and the nature of the crime is not good, which has not been agreed with the victim, most of the damage has not been recovered, and the defendant has the record of being sentenced to a fine for suspended execution several times due to the same crime, etc. It is unfavorable to the defendant. In full view of the following factors: (a) there is no change of circumstances to change the sentencing after the decision of the court below; and (b) other various sentencing conditions such as the defendant's age, economic situation, character and behavior, environment, motive and circumstance of the crime, means and consequence, etc., the sentence of the court below is too unreasonable.

3. 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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