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(영문) 수원지방법원 2016.09.09 2016노4494

상습특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a year 1 and a year 10 months in prison, and a collection) is too unreasonable.

2. The Defendant’s recognition of all of the instant crimes and reflects the fact that some of the instant crimes were committed, and the fact that some of the crimes were committed in attempted crimes are favorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant has a history of having been sentenced to juvenile protective disposition and criminal punishment several times for the same crime; (b) the Defendant committed the instant crime at once again during the period of repeated crime, which is one year and six months after having been sentenced to imprisonment for the same crime; and (c) there is no evidence to acknowledge that the Defendant committed the instant crime during the period of repeated crime, which is one month and one month after having been sentenced to imprisonment for the same crime; and (d) there is no evidence to acknowledge that the Defendant made efforts to recover from damage up to the trial; (b) the sentencing of the co-defendants of the lower court, as co-offenders, and other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, etc

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.