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(영문) 수원지방법원 2019.01.21 2018노6684

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the defendant to recognize and reflect his mistake, and the degree of damage caused by the crime of this case is minor, but the defendant has already been sentenced to imprisonment or imprisonment with prison labor for the same kind of crime, and the crime of this case constitutes a same repeated crime.

In light of the statutory penalty of the crime in favor of or against the above defendant (at least two years but not more than 20 years), and the age, character and conduct, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below cannot be deemed to be deemed to be reasonable and unreasonable.

Therefore, the defendant's above assertion is without merit.

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

However, under Article 25 (1) of the Regulation on Criminal Procedure, the application of the law of the judgment of the court below ex officio is 1. Article 35 of the Criminal Act among repeated offenders will be deleted.

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