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(영문) 대전지방법원 2017.02.01 2016노3238
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sum of market prices of stolen and stolen goods does not amount to KRW 62 million.

However, the lower court recognized it as KRW 62 million, and so, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s improper sentencing (one hundred months of imprisonment and confiscation) is too unreasonable.

2. Determination

A. Fact-finding. According to the evidence duly adopted and examined by the court below, the victims of the larceny of this case were submitted by the investigative agency a statement containing the market price of the damaged goods as stated in the list of crimes as stated in the judgment below. [No. 297 pages (No. 1), 465 pages (No. 2), 298 pages (No. 3 and 4), 462 pages (No. 5), 524 (No. 6), 310 (No. 7), 98 (No. 9 days of sight), 19 (No. 16 days of sight), 19 (No. 4 days of sight), 310 (No. 5 days of sight), 16 days of sight (no. 16 days of sight), 19 (No. 4 days of sight), 136 days of prices of offenses (no. 16 days of sight), and 4 days of sale as stated otherwise.

Therefore, the court below's finding the total amount of the theft damage of this case as the amount stated in the facts charged is just and acceptable, and there is no error of mistake as alleged by the defendant.

B. It is recognized that there are favorable circumstances, such as the fact that the criminal defendant committed the instant theft itself is dead, and that the defendant is the first offender who has no record of criminal punishment.

However, the crime was committed repeatedly for a short period.

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