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(영문) 수원지방법원 2011.02.08 2010노6302

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. In light of various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, etc., the lower court’s sentence that sentenced two years to imprisonment is heavy, considering the following: (a) the Defendant committed the larceny again during the period of repeated crime due to larceny; (b) the same veterinary method has been repeatedly committed; (c) there is no certain dwelling space; (d) the likelihood of recidivism is high; and (e) there is a need to isolate from society for a certain period in light of the habit of larceny; and (e) the statutory penalty for the crime of the Act on the Aggravated Punishment, etc. of Specific Crimes is more than three years; and (e) the punishment for the crime of the Aggravated Punishment

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