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(영문) 청주지방법원 2014.11.21 2014노964
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the grounds for appeal of this case is against the Defendant’s recognition of the instant crime, and a motorcycle is recovered from the victim AO, and the victim Y and AB do not want to be punished against the Defendant, and there is no record of criminal punishment, etc. are considered favorable to the Defendant.

However, the Defendant committed some of the thiefs in the course of the investigation into another case. The thiefs in the instant case committed a theft by opening a restaurant at the time of the new wall, which has not been corrected, and in light of the method of the crime and its risk, it is not good to commit the crime. The thiefs in the instant case committed a fraud by deceiving a large number of unspecified persons as if they were sold goods on a planned basis using the Internet anonymousity, and by deceiving them as if they were sold to the general public, and thereby, undermining the order of goods transaction in the Internet space based on credit, it is not good to commit such crime as impairing the quality of the crime. In addition, the Defendant continued to commit the crime for a considerable period of time without agreement with the victims up to the trial, and there is no circumstance to view that the thiefs in the instant case were recovered, such as age, family relation, personality and behavior, motive and motive of the Defendant, and the circumstances leading up to the crime, etc. of imprisonment with prison labor for a short term of 1 to 20 years (20 years).

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

(b).

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