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(영문) 수원지방법원 2014.12.18 2014노6279
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and eight months.

Defendant

A.

Reasons

[Judgment as to the Reasons for Appeal] The sentencing of the court below (the sentencing of the defendant A: imprisonment of two years and two years and two years and one year and two years) is too unreasonable.

On the part of Defendant A’s assertion of unreasonable sentencing, there are conditions favorable to the Defendant, such as the fact that some of the larceny crimes were attempted, and the Defendant accepted and reflected the mistake.

However, each of the crimes of this case committed by the defendant in collaboration with the above defendant B, theft of money and valuables worth KRW 16,360,000,000 in total or attempted to commit the crime, and damage by causing the wire of the victim H to be cut in the course of the crime. The crime of this case stolen property worth KRW 7,590,000 in total by habitually impairing another person's structure eight times. In light of the contents, motive, frequency, means and method of the crime, damage amount, etc., the crime is very bad in light of the contents, motive, method and amount of damage, etc.

Considering the fact that victims’ damage has not been recovered, the Defendant’s criminal records and records of juvenile protective disposition due to the same crime, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court’s sentencing is too unreasonable.

Defendant

As to the assertion on unfair sentencing in B, the instant crime committed by the Defendant jointly with the Defendant A and habitually intrudes another’s building 24 times more than 1,636,00 won in total, or committed attempted money and valuables. In light of the content, motive, frequency, means and method of the crime, damage amount, etc., the crime is very bad in light of the content, motive, method and amount of damage, etc. of the crime.

In light of the fact that victims' damage has not been recovered, and that the defendant has a criminal record and juvenile protective disposition record due to the same crime, it is necessary to punish the defendant strictly.

However, some of the larceny crimes are attempted.

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