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(영문) 서울중앙지방법원 2014.09.19 2014노2231
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In the absence of intention to commit the theft at the time of the crime of this case, the court below found the defendant guilty of the facts charged of this case by misunderstanding the facts.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination:

A. According to the records of mistake of facts, it is sufficiently recognized that the defendant has the intention of larceny at the time of the crime of this case, so the defendant's assertion of mistake of facts is without merit.

B. The issue of unfair sentencing is that the Defendant stolen a total amount of KRW 97,544,00 from a lot of eight products. The damage caused by the instant crime is minor, the damage was entirely returned to the Defendant, the Defendant’s favorable circumstances, or the record of criminal punishment for the same kind of crime, and the Defendant committed the instant crime during the period during which the instant crime was suspended due to the same crime, and the lower court imposed a fine of KRW 3 million reduced to the fine amount of the summary order already issued by the lower court, without any special circumstances or changes that may be newly considered in sentencing after the sentence of the lower judgment, and the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, environment, economic condition, personality and behavior, and circumstances after the crime, are considered as inappropriate.

3. If so, 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.

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