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(영문) 수원지방법원 2015.10.30 2015노4740

특수절도

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant, such as the confession and rebuttal of the defendant, and the defendant's active participation in the crime, are also favorable to the defendant.

However, considering the Defendant’s age, character and behavior, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable, given that the Defendant committed the crime of this case again during the period of repeated crime due to the same crime, the number of thefts, the amount of damage, and the fact that the victims agreed to or did not recover from damage, etc., it cannot be said that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.