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(영문) 수원지방법원 2017.04.19 2017노1546

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

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

2. There is no circumstance to consider the Defendant as favorable to the Defendant, such as the fact that the Defendant fully recognized each of the instant crimes, and the damage caused by each of the instant crimes is relatively minor.

However, even though the defendant was subject to criminal punishment three times or more for the same crime, there is a high possibility of criticism by committing each of the crimes of this case during the period of repeated crime for the same crime, and in addition, in soup, the defendant stolen the key of the victim's clothes and opened clothes using such key and has already been subject to criminal punishment for larceny of the law that steals cash, and then there is a situation to open each of the crimes of this case to the defendant under the same law.

In light of the fact that it is difficult to see that the damage caused by each of the instant crimes was not recovered, and the overall sentencing conditions indicated in the records and theories of this case, such as the Defendant’s age, sexual conduct, environment, background of each of the instant crimes, and circumstances before and after the instant crimes, etc., the lower court’s sentence against the Defendant is too too unreasonable, and thus, the Defendant’s allegation is without merit.

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.