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(영문) 의정부지방법원 2018.04.16 2018노702
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is unfair due to the excessive reduction of punishment (one year of imprisonment) imposed by the lower court (the Defendant withdrawn the existing claim for mental or physical disability on April 5, 2018 at the first trial date). 2. Determination on April 2, 201, it is recognized that the Defendant recognized his mistake and reflects against himself, and that the amount of damage caused by the instant crime is relatively small.

However, the Defendant had been punished several times, including imprisonment with prison labor due to the same type of larceny, fraud, etc. in the past. In particular, on April 20, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two months due to special larceny as indicated in the judgment of the court below, and on April 25, 2016, committed the instant crime even though the period of repeated crime was terminated and the Defendant committed the instant crime only about five months, and the victims’ damages have not been recovered until the trial of the party was in fact. Considering the following circumstances: (a) there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the court below; (b) the Defendant’s age, sex, criminal conduct, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence is unfair because it is excessively unreasonable due to the lack of sentence imposed by the court below.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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