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(영문) 수원지방법원 2018.09.21 2018노4522

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to one year and six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of such factors as the conditions for sentencing in this Court, in particular, ① the Defendant had the record of having been punished several times for the same kind of crime, ② the Defendant did not recover from damage and did not agree with the victims, the judgment of the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.