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(영문) 의정부지방법원 2013.11.08 2013노1978

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The sentencing materials that are favorable to the Defendant include: (a) the fact that the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) an agreement between the Defendant and the victim was reached; and (c) the damage caused by the instant case is relatively minor.

However, the defendant has the same criminal power for the defendant, and the defendant committed the principal crime during the period of repeated crime, and the special larceny in the judgment provides that the statutory penalty is one to ten years. As such, the court below already sentenced the minimum statutory punishment after taking into account all the sentencing data favorable to the defendant, taking into account the sentencing data favorable to the defendant.

Therefore, in this case where it is impossible to sentence a suspended sentence, there is no error of unfair sentencing in the court below which sentenced the defendant a six-month sentence.

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.