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(영문) 수원지방법원 2013.06.13 2013노164

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment for six months, one year of suspended execution, one year of community service, etc.) is too unreasonable.

2. The judgment of the defendant confessions the crime of this case and reflects it, and the fact that the defendant agreed smoothly with the victim is favorable to the defendant.

However, the court below’s punishment is too unreasonable in light of all the sentencing conditions, including Defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., as well as the fact that the court below’s suspended sentence of imprisonment with prison labor is the lowest sentence imposed on the minimum statutory penalty, and the community service order is a system that provides the opportunity to reflect one’s own criminal act by volunteer service activities.

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