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(영문) 창원지방법원 2015.07.16 2015노1287

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the lower court (one year and two months of imprisonment, and confiscation) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and against it, and that it seems that the defendant will lead a new life by seeking his/her workplace, etc.

However, even though there was a past record of punishment for larceny (one time of suspended sentence of imprisonment and three times of sentence), the crime of this case was committed at the same time, among the thief in this case, the thief in this case was committed by the defendant by destroying the building at night and attempted to steals money and valuables, and did not pose a risk of attempted theft, and there was no submission of particular data about victims' recovery from damage up to the trial, etc., taking into account the circumstances unfavorable to the defendant. There is no special circumstance or circumstance newly considered in sentencing after the sentence of the judgment below, and there is no change in the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the sentence of the judgment below, it is not recognized that the punishment imposed by the court below is excessively unreasonable.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.