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(영문) 인천지방법원 2012.11.30 2012노2875
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s imprisonment (eight months) against the Defendant is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes; (b) the Defendant was punished by a fine for larceny; and (c) the Defendant had no record of being sentenced to a suspended sentence or heavier punishment; (b) the father of the Defendant died after the instant crime; (c) there are some circumstances that may be taken into account such as family environment or circumstances after the instant crime, including the family members who should provide support to the Defendant; and (d) some of the damaged items have been returned and have been recovered.

However, the crime of this case is likely to be criticized in that the defendant committed the crime of this case repeatedly over several occasions in a short period, along with C, even though the defendant's participation in the crime was relatively minor, even though he participated in the crime in the manner of viewing the network by means of interview and expertise, the amount of damage caused by the crime of this case reaches the total amount of KRW 10 million, and most victims were punished against the defendant, and ③ even though the defendant was unable to recover from damage, it appears that the victim was punished against the defendant, and ③ even though the defendant was not in a difficult situation, it appears that the victim was affected by the peace in home as well as the peace in home, and ④ The additional damage was caused by the crime of this case up to the trial.

There is no change in circumstances that may be considered, such as agreement with victims, and five special larceny of this case.

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