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(영문) 의정부지방법원 2016.06.10 2016노871
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.

2. The circumstances favorable to the Defendant include: (a) the Defendant was fully aware of all the instant crime; (b) the Defendant’s attitude against the Defendant appears; (c) most stolen goods were returned to the victim; and (d) the Defendant supported the wife, regardless of disease.

However, the crime of this case is deemed to have been committed by the defendant by purchasing, receiving, providing, administering, and administering phiphones, and by thefting six the net gold bars owned by the victim. In light of the method, frequency, etc. of the crime, there is a significant nature of the crime; the amount of the phiphones purchased or administered by the defendant; the value of the stolens is not more than 14 million won; the defendant has been punished for larceny or narcotics; and the defendant has a significant history of being punished for the crime of this case; although it is a repeated crime due to fraud, it is highly likely that the crime of this case is committed during the period of repeated crime due to fraud; the court below seems to have set the lowest punishment within the scope of the recommended sentence set by the sentencing guidelines, taking into account various circumstances of the defendant; and there are no other special changes in circumstances that can reduce the sentence of the court below; considering the defendant's age, sex, environment, background, method, circumstances after the crime, and various changes in the sentencing records and changes indicated in the crime of this case, it cannot be deemed to be unfair.

Therefore, the defendant's assertion is without merit.

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

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