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(영문) 창원지방법원 2017.12.21 2017노3011
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as: (a) the fact that the Defendant recognized the commission of a crime; (b) the Defendant agreed with the victim G, L, N,Y, AH, and AJ; (c) some of the goods such as seven stolen vehicles have been returned to the victims; (d) the Defendant has no criminal record of suspended execution or heavier; and (e) the Defendant has grown in the family environment with poor family.

However, in full view of various circumstances, including the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, it is not recognized that the sentence imposed by the lower court is too unreasonable, in light of the following: (a) the Defendant was committed repeatedly against many victims (19 victims) in collaboration with B, etc. or in a relatively short period; (b) the total amount of damage was about KRW 49 million; and (c) the amount of damage not recovered reaches about KRW 12.5 million; and (d) the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the crime was committed.

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

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