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(영문) 수원지방법원 2017.12.22 2017노7861

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two and half years, six months, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The judgment that the defendant repents and reflects his mistake, and that he participated in each of the crimes of this case as a proposal C

The fact that it appears is favorable to the defendant.

On the other hand, there have been a number of punishment for the defendant including three or more penalties for the same crime, in particular, the fact that the defendant committed each of the crimes of this case without being aware of the period of repeated crime due to the same crime, the nature of the crime is not good in light of the method, method and result of the crime, and the fact that the victims have not recovered from damage until now is disadvantageous to the defendant.

In addition, considering all of the sentencing conditions indicated in the instant case, such as Defendant’s age, sexual conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, comprehensively taking into account the fact that there is no change in the sentencing conditions that may be assessed differently from the original judgment, the lower court’s sentence is too unreasonable.

Therefore, the defendant's above assertion 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.