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(영문) 수원지방법원 2017.04.19 2017노1185

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (one year of imprisonment).

2. There are no circumstances to consider the Defendant as favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, the damage caused by the instant crime is relatively minor, and the Defendant agreed smoothly with the victim.

However, even though the defendant was subject to criminal punishment more than nine times due to the same crime, he or she was sentenced to criminal punishment for the same crime, and completed the sentence for the same crime only 13 days after he or she was sentenced to punishment for the same crime, and there is a very high possibility of criticism by putting the crime of this case again, and there is a good situation for the defendant

Only one of the purposes of criminal punishment shall be subject to the prevention of recidivism as long as it is difficult to view such detention for a considerable period of time.

In addition, considering the following factors: (a) the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime; and (b) the sentencing conditions indicated in the instant case’s records and theories on changes, the lower court’s sentence against the Defendant is too unreasonable, and thus, the Defendant’s allegation 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.