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(영문) 서울동부지방법원 2015.01.29 2014노1741
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant recognized all of the crimes in this case and is in depth, the defendant committed the crimes in this case by contingency with B, which had been faced with economic difficulties at the time under the influence of alcohol, and one bicycle out of the damaged goods was seized, the remainder was sold at KRW 80,00,000, and used for entertainment expenses by the defendant, etc., but the defendant was making efforts to reach an agreement with the victim F, but the extent of damage is minor and the defendant was making efforts to reach an agreement with the victim's F, and the defendant's cell phone was suspended during the court below, and he did not intentionally avoid the attendance at the court, it is unfair that the sentence imposed by the court below is too unreasonable.

2. The judgment is based on the following: (a) the Defendant recognized the instant crime as a whole; and (b) the amount of damage is not large; (c) the Defendant et al. did not seem to be a contingent crime in light of the Defendant et al.’s possession of a locked machine and cut the locked and stolen the bicycle; (d) the Defendant committed the instant crime even during the period of suspension of execution due to the same kind of crime; and (e) the Defendant’s age, character and behavior, environment, records such as king’s juvenile disposition, motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., it is not determined that the sentence imposed by the lower

The defendant's assertion of unfair sentencing is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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