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(영문) 수원지방법원 2013.05.09 2013노1408

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below against the defendant (one year and six months of imprisonment) is too unreasonable.

Judgment

In light of the fact that the Defendant agreed in the trial as the user of the damaged vehicle, and that the Defendant was able to take into account the fact that the Defendant was able to commit the instant crime, but the Defendant was 4 times of larceny punishment, and that the Defendant committed the instant crime within the repeated crime period, the Defendant was the lowest sentence to be mitigated by discretionary mitigation at the minimum of statutory penalty, and all other sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be harsh.

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.