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(영문) 수원지방법원 2015.10.30 2015노4544

상습특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (four years of imprisonment, confiscation) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant.

However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the following circumstances: (a) the Defendant committed the crime of this case again during the period of repeated crime due to the same crime; (b) the commission of the habit that intrudes into an abandoned house and steals; (c) the method of the crime was considerably dangerous; and (d) the victims agreed to or did not recover from damage.

3. 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.