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(영문) 수원지방법원 2015.01.08 2014노5768

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (three years of imprisonment).

2. The judgment of the court below is against the defendant, and most of the larcenys against the victim H were recovered, but the criminal records of the defendant who had been sentenced to suspended sentence or imprisonment with prison labor for the same reason are available. In particular, on July 4, 2012, the defendant committed the same kind of crime over three occasions starting from four days after having been sentenced to two years of imprisonment with prison labor for the same reason, and the defendant seems to be a professional person, and the possibility of recidivism is high, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime are not agreed with the victims, etc., the sentence of the court below is not unfairly heavy.

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.