beta
(영문) 수원지방법원 2017.10.25 2017노5698

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The judgment has a favorable circumstance, such as the fact that the defendant shows his wrong and reflects against himself, and the victim E does not want to be punished against the defendant.

However, even though the defendant was sentenced to criminal punishment for the same kind of crime several times, and completed the sentence two times, the defendant again committed the crime of this case during the period of repeated crime for the same kind of crime, and not yet agreed with the victim H.

Considering the statutory penalty (a period of not less than two years but not more than 20 years), the age, criminal conduct, environment, and all other factors of sentencing as shown in the argument of this case, which are favorable or unfavorable to the defendant as above, the sentence of the court below does not seem to be unfair because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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