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(영문) 창원지방법원 2014.05.01 2014노576
절도
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that some of the damaged items were returned to the victim D (hereinafter “victim”), the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime was committed by the Defendant, taking into account the following circumstances: (a) the Defendant’s total market value of 6,440,000 won was stolen; (b) the Defendant was punished for larceny in the past; and (c) the Defendant was punished for larceny in the past (one time a fine and one time a suspended sentence of imprisonment with prison labor); and (d) in particular, on May 9, 2012, the Daegu District Court was sentenced to a suspended sentence of six months for larceny in the Daegu District Court Kimcheon Branch on May 17, 2012, which became final and conclusive on May 17, 2012, and repeated the instant crime; (c) the Defendant did not reach an agreement with the victim; (d) other character, conduct and environment of the Defendant; (e) the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., the Defendant’s aforementioned assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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