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(영문) 수원지방법원 2016.09.02 2016노4292 (1)

상습절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. The fact that the judgment reflects the crime, and that part of the damaged goods have been recovered is favorable.

It is an unfavorable circumstance that the crime of this case is committed again during the period of repeated crime according to the same criminal record, the extent of damage caused by the crime, the short period of the crime, five criminal records of the same kind, and the fact that the crime of this case is committed again.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unfair.

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

[However, since the crime of larceny Nos. 9, 12, and 16 was committed in attempted crimes, the court below ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure, "Articles 332 and 329 of the Criminal Act (including habitual larceny, and inclusive)" in the application of the law of the court below shall be corrected as "Articles 332, 329, and 342 of the Criminal Act" (Article 342 of the Criminal Act).