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(영문) 창원지방법원 2017.12.07 2017노2928

특수절도

Text

The defendant's appeal is dismissed.

Reasons

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

2. There are extenuating circumstances, such as the fact that the defendant recognizes the crime and reflects it, the amount of damage is not so large, the fact that the defendant agreed with the victim, and the fact that the defendant's health state appears to be insufficient;

However, the Defendant had been sentenced to a suspended sentence once and four times of punishment for larceny, and the Defendant was released from prison labor for a special amnesty on August 13, 2016 while serving in prison with eight months of imprisonment for special larceny. The Defendant committed the instant crime of the same kind during the repeated crime period. The instant crime was committed during the repeated crime period, which makes it impossible to render a sentence of a suspended sentence as a matter of law due to the crime during the repeated crime period, and the statutory punishment for special larceny is limited to imprisonment. As such, the Defendant has no choice but to be sentenced to imprisonment, taking full account of the following circumstances, including the Defendant’s age, environment, sex, circumstances leading to the crime, and circumstances before and after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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.