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(영문) 의정부지방법원 2016.08.18 2016노1287
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

The main reasons for appeal are that the sentence imposed by the court below on the defendant (a long-term of one year and a short-term of eight months, confiscation) is too unreasonable.

Judgment

It is recognized that the considerable number of damaged goods has been recovered, and that the defendant agreed smoothly with most victims in the original trial.

However, each of the crimes of this case is very heavy in light of the method and frequency of the crime, etc., by intrusion upon the victims' residence through a gas pipeline installed on the outer wall of the building in collaboration with B, and thus theft or attempted theft of precious metals, etc.

The Defendant committed each of the crimes of this case during the period of repeated crime due to special larceny, etc., in particular, committed each of the crimes of this case while the Defendant was released from parole by committing another special larceny during the period of parole.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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