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(영문) 창원지방법원 2014.06.11 2013노1932
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s penalty (2,000,000 won) is too unreasonable.

2. The judgment of the court below recognizes all the crimes of this case and reflects them, and there are favorable circumstances such as the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, the damage caused by the crime of this case is relatively minor, and some of the damaged items are recovered from damage. However, there are disadvantageous circumstances such as the defendant's history of punishment for the same kind of crime in the past. As a result of applying the sentencing guidelines set by the Sentencing Commission of the Supreme Court in regard to the crime of this case, the court below's punishment is within the scope of the above recommended punishment and it is difficult to see that there is any change in circumstances that the court below's punishment will be changed within the scope of the above recommended punishment, and it is difficult to view that there is any change in circumstances that the court below's punishment will be changed due to the fact that the defendant's age and character, the motive and circumstances of the crime of this case, and the circumstances after the crime of this case.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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