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(영문) 수원지방법원 2016.01.29 2015노7029

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant appears to recognize and reflect the instant crime, and that the amount of damage was not significant, and that the damage was recovered, is favorable to the Defendant.

However, while the Defendant has already been punished several times for the same crime, the crime of this case was committed by the Defendant, who was punished for the same kind of crime, and did not complete the execution of the sentence, and its nature is not good. The court below reduced the amount of punishment in consideration of the circumstances favorable to the Defendant. Considering the motive and circumstance of the crime of this case, the circumstances after the crime was committed, the Defendant’s age, sexual conduct, environment, etc., and other various circumstances, which are the conditions of sentencing as indicated in the records and the theory of changes, the sentence imposed by the court below is too unreasonable.

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