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(영문) 청주지방법원 2014.11.07 2014노864
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the grounds for appeal of this case on the grounds that the Defendant recognized all the crimes of this case, and reflects the fact that the stolen article was seized to an investigative agency and returned to the victim G, and that the Defendant’s health status is not good, etc. are considered in favor of the Defendant.

However, there was a history that the defendant was sentenced to several criminal punishment or suspended indictment for larceny as a violent crime; in particular, on October 30, 2012, the defendant committed each of the crimes of this case during the suspended execution period, even though he was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) on October 30, 2012; the victims of the crime of intimidation of this case were vulnerable to the crime of eight years or less; the victims of the crime of intimidation of this case were at the disadvantage of committing the crime; the crime of larceny of this case was committed in the course of the judgment of the court below; the victim was designated and arrested after he was committed during the course of investigation and trial; and there was no circumstance that each victim of the crime of this case did not reach an agreement between each victim of the crime of this case and the defendant did not take measures to recover from damage; considering various circumstances such as the defendant's age, character and behavior, family relationship, circumstances leading to the crime, and circumstances after the crime, etc.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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