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(영문) 의정부지방법원 2013.06.27 2013노1005

특정범죄가중처벌등에관한법률위반(절도)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, a fine of 150,000 won, confiscation, and return of the victim) is too unreasonable.

B. The sentence imposed by the Prosecutor is too uneasible and unreasonable.

2. On the other hand, considering the following factors: (a) the Defendant’s health is not good; (b) the offense of violation of the Road Traffic Act (unlicensed driving) which drives a motorcycle with no license is the latter part of Article 37 of the Criminal Act with regard to night buildings; (c) the offense of violation of the Road Traffic Act (unlicensed driving) by driving the motorcycle without license is a concurrent offense under the latter part of Article 37 of the Criminal Act; and (d) the Defendant is a majority of the victims of the larceny of this case and even though the amount of damage is not significant; (d) the Defendant has a majority of the criminal records; (e) the Defendant has a majority of the criminal records; (e) the offense of the larceny of this case is committed during the suspension period; and (e) the Defendant has been committed in a planned and repeated manner over a long period of time; and (e) comprehensively taking into account all the factors leading to the offense, age, character and conduct of the Defendant; and (e) all the sentencing conditions indicated in the records of this case, the sentence against the Defendant is deemed reasonable; and thus, (e.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, each "motor vehicle" of the second, 17, and 20 pages of the decision of the court of the court below shall be changed to "motor bicycle".