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(영문) 수원지방법원 2014.07.28 2014노1220
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is too unreasonable.

2. The amount of damage caused by the instant crime was not significant, and the damage was not completely recovered even after the lapse of a long time after the commission of the crime.

The fact that the defendant led to the crime of this case, there is no other penalty force than the one time prior to the fine, and the fact that the profit acquired by the defendant due to the crime of this case is about KRW 10 million is considered to be reflected in the defendant's favorable circumstances or the sentencing of the court below, and no special circumstances or changes in circumstances that can be considered newly after the decision of the court below is found.

In full view of the following circumstances, comprehensively taking account of the Defendant’s age, character and conduct, environment, background and consequence of the crime, etc., the lower court’s punishment cannot be deemed unreasonable.

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

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