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(영문) 청주지방법원 2014.01.23 2013노916

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

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

2. Although the judgment of the court below has favorable conditions to the defendant, such as recognizing and opposing the crime of this case, there is no change of circumstances that can mitigate the sentence of the court below in the trial in light of the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., as well as various kinds of sentencing conditions shown in the records and arguments, such as the fact that the defendant was punished as the same crime that stolen property in the vehicle habitually, and that the defendant committed the crime of this case at the same time during the repeated crime period, in addition to the fact that the defendant did not have any actual damage recovery, etc., the defendant's allegation of unfair sentencing is without merit.

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