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(영문) 창원지방법원 2014.11.06 2014노1830

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the fact that the Defendant, after having been released from the prison on September 5, 2012, lives in good faith and led to each of the instant crimes in contingency under the influence of alcohol, and that the Defendant would not repeat again, etc., the sentence of imprisonment (one year and six months) imposed by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the crimes of this case has already been punished by imprisonment with prison labor due to night intrusion theft, etc. on at least three occasions, and on April 25, 2014, each of the crimes of this case has already been punished by imprisonment with prison labor for the purpose of theft of money and goods at least three times, and on April 25, 2014, the defendant intrudes into the residence of the victim D (hereinafter “victim”) for the purpose of stealing money and goods at night, and does not seem to have attempted to commit the crime, and driving the cargo without driver’s license, and the case is not easy. The defendant was punished by imprisonment with prison labor for the purpose of larceny, night intrusion theft, and night intrusion theft (six times of imprisonment with prison labor and one time of suspension of the execution of imprisonment with prison labor), and the defendant was sentenced to imprisonment with prison labor for three times or more without prison labor for each of the crimes of this case, and the circumstances surrounding the crime of larceny and the execution of each of the above crimes of this case cannot be considered to be considered to be unfair.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.