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(영문) 의정부지방법원 2015.01.14 2014노2654

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant led to the confession of each of the crimes of this case and stated that the Defendant was repented; (b) the damage caused by each of the crimes of this case is relatively minor; and (c) the first bicycle fee of the damaged goods as stated in the judgment of the court below was temporarily returned to the relevant victim; and

On the other hand, there are circumstances unfavorable to the defendant, such as: (a) the defendant has the same power; (b) the defendant has been punished by imprisonment with prison labor or heavier punishment; (c) the defendant has not yet passed since the execution of imprisonment with prison labor was completed due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (d) theft of another's property has been committed seven times habitually; and (e) the victims want to

In full view of the above circumstances and the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive and background of each of the crimes of this case, means and results thereof, circumstances after the crime, criminal records and family relations, etc., the sentence imposed by the court below is appropriate and unreasonable. Thus, the defendant's 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 ground that it is without merit. It is so decided as per Disposition.