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(영문) 의정부지방법원 2016.04.21 2016노452

상습절도

Text

The defendant's appeal is dismissed.

Reasons

The sentence (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The nature of the crime in this case is heavy in light of the content and method of the crime in this case and the frequency of the crime.

In the past, the Defendant had been punished for the crime of larceny of the same kind several times in the past, and in particular, the Defendant committed the crime of this case when he was sentenced to imprisonment with prison labor for the same kind of habitual larceny and completed the execution of the sentence, and only one month has passed from the date of completion of the sentence.

There is no special circumstance that does not recover from damage to the trial court, and there is no special circumstance that differs from the original judgment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, 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.