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(영문) 수원지방법원 2014.10.30 2014노5176

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. Determination takes into account the following factors: (a) the Defendant was a senior citizen in society; (b) the Defendant committed a violation of the Military Service Act that became final and conclusive in 2014; and (c) the Defendant should take into account the equity between the case and the case of a violation of the said Act; (b) on the other hand, the Defendant had been punished several occasions of imprisonment in August 2007 with prison labor for special larceny, etc.; (c) the Defendant was subject to criminal punishment for a period of three years of suspended execution; and (d) the instant crime was committed by entering a low-hour house via four times during the period of ten days during which he was tried to commit a violation of the said Military Service Act; (d) the fact that there is no evidence that the Defendant made efforts to recover from damage; and (e) the Defendant’s age, character and conduct, circumstances, circumstances, circumstances of the crime, and circumstances after the crime, and all the records and arguments indicated in the instant case’s sentencing.

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