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(영문) 창원지방법원 2013.04.18 2013노106

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) is too large and unreasonable.

2. The judgment is based on the fact that the defendant recognized each of the crimes of this case and divided his mistake, etc., but the defendant has the record of fine and suspended execution several times due to the same kind of crime, etc., and the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) of this case is a serious criminal whose statutory punishment is imposed by imprisonment with prison labor for life or for a limited term of not less than three years. The court below sentenced the maximum sentence of imprisonment with prison labor for a limited term of not less than one year and six months, and comprehensively reviewed all the sentencing conditions of the arguments of this case, such as the defendant's age, character, character, character, environment, motive and background, means, method, and consequence of the crime, criminal records, and conditions before and after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.