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(영문) 수원지방법원 2012.10.31 2012노3889

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. It is recognized that the judgment is based on the fact that the defendant repents his mistake and reflects his mistake, the size of the damaged product is not large, and that the victims of the larceny have agreed to do so.

However, in light of the following circumstances: (a) the Defendant was sentenced to a fine of KRW 7 million in 1997; (b) one year and six months of imprisonment in 2004; and (c) two years and six months of imprisonment in 2006; and (c) the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case constitutes a crime of imprisonment with prison labor for life or for a limited term of not less than three years; (c) the lower court’s choice of a limited term of imprisonment in consideration of the favorable circumstances favorable to the Defendant; and (d) the Defendant’s choice of a limited term of imprisonment; and (e) taking into account all other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, it cannot be deemed that the sentence of the lower court is too unreasonable.

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.