beta
(영문) 수원지방법원 2014.12.04 2014노5525

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal of this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment, confiscation) is too unreasonable.

2. The judgment that the defendant committed his/her crime through a five-month period of detention is divided into his/her own crime; some damaged articles were temporarily returned to the victims; the defendant has no particular record of committing the crime since he/she was punished by night-time intrusion larceny in 2002 to the crime of this case; and the defendant's economic situation is good for the defendant.

However, the Defendant committed the instant crime even if he had been sentenced twice to a suspended sentence, one kind of criminal offense, and even if he had been sentenced to a suspended sentence, which appears to have been the origin of the theft habit, and the frequency of the instant crime has reached forty times, and the total amount of damage has reached forty million won, which is a large amount of damage, and most of the damage has not been recovered and has not been agreed with the victims, and other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character, conduct and environment, etc. as indicated in the records and arguments of the instant case, even if considering the favorable circumstances as seen earlier, it does not seem that the lower court’s punishment against the Defendant is too unreasonable.

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.