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(영문) 수원지방법원 2014.11.06 2014노3371
특수절도방조등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment is that the defendant reflects his mistake through a five-month period of detention, and is divided into several occasions, the degree of the defendant's commission of the crime is relatively less light, the actual acquisition of the crime in this case is not much much significant, the victim and the victim have reached an agreement in the trial, the defendant's mother, the woman and the sibling actively cooperate in the investigation to contribute to the arrest of the other stolen acquisitor, the defendant's mother, the woman and the sibling wanting to take the defendant's preference against the defendant, and the defendant's relatively aged young people are favorable to the defendant.

However, the Defendant committed the instant crime during the suspension period of the execution of another crime without being aware of the same type of flight force, and the instant crime is highly likely to be subject to criticism or punishment as a principal offender in that it promotes theft and illegal circulation of mobile phone devices, and the total amount of damages is not smaller than KRW 13 million, and other matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as character and behavior, the Defendant’s environment, etc., as shown in the instant records and pleadings, are considered, considering the aforementioned favorable circumstances, the lower court’s sentence against the Defendant is too unreasonable, even if considering the aforementioned favorable circumstances.

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

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