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(영문) 창원지방법원 2017.04.27 2017노637

절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. There are favorable circumstances such as the fact that the defendant recognized the crime, the fact that the stolen vehicle has returned to the victims, and that there are children to support the defendant.

However, in light of the fact that the defendant had been subject to six times or more criminal punishment for larceny, but not later than two months after being released from the crime of this case, and that the defendant committed the crime of this case in the same kind in many times after being released from the crime of larceny, opening a gate which was not corrected by the defendant, and committing the crime of larceny in the vehicle repeatedly and continuously by opening the vehicle, the defendant stolen the vehicle at the time, and the above vehicles are not good for a long time, and most victims have not reached an agreement with the above vehicles. Considering the circumstances in which the victim C submitted a written application for her wife at the appellate court, the sentence of sentence against the defendant is inevitable, even if considering the circumstances in which the victim C submitted the written application for her wife, the sentence of sentence against the defendant is inevitable, and according to the Supreme Court's sentencing guidelines, the defendant's age, environment, sexual behavior, circumstances before and after the crime, etc., and the defendant's punishment is imposed from October to August in this case.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.