Cases
2014No92 thief, fraud
Defendant
A person shall be appointed.
Appellant
Defendant
Prosecutor
Mara, Gu resident flag, Kim Jong- or Park Park, Park Park-young, Gong Tae-gu (Public Prosecution) and Park (Public Trial)
Defense Counsel
Attorney Kim Jong-Un (Korean National University)
Judgment of the lower court
Ulsan District Court Decision 2013Ma2513, 2013Ma320 decided January 9, 2014 (Cick)
Gohap), 2013 Highest 321 (Joint) , 2013 Highest 3322 (Joint) , 2013 Highest 3564 (Concurrent)
Gohap, 2013 Highest 3947 (Joint Judgment)
Imposition of Judgment
March 12, 2014
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
In light of the overall circumstances of this case, the sentence (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
Although the defendant is found to have violated his own mistake, and the degree of damage to each of the crimes of this case is not significant, the defendant is found to have been convicted of larceny, and each of the crimes of this case constitutes a repeated crime four times, the victims are not obliged to recover damage or have not agreed on 17 times or a fine, the necessity of continuously committing each of the crimes of this case even though he was sentenced to a fine around 2007 on the ground that he continued to commit the crime of this case, and other factors such as the defendant's age, family relation, family relation, relation, personality and conduct, environment, means and method of the crime, motive and circumstance of the crime and circumstances after the crime, etc., it is judged that the punishment of the defendant sentenced by the court below is appropriate, but it is not unreasonable to view that the defendant's assertion is not reasonable because it is too unreasonable.
3. Conclusion
Therefore, 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.
Judges
Justices Kim Jong-soo
Judges Appellateization
Judges Kim Young-young