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(영문) 창원지방법원 2011.12.23 2011노2512
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the court below and the trial of the court below that the defendant led to the confession and reflect of each of the crimes of this case, and that the victims do not want the punishment of the defendant can be considered as favorable circumstances to the defendant. However, the defendant habitually intrudes another person's residence over eight occasions and habitually, steals the property amounting to KRW 2,843,00,00,00 in total; further, the defendant smokes marijuana and takes possession of marijuana equivalent to approximately KRW 16 g, and the defendant has been already punished several times for the same crime including criminal records; the defendant committed each of the crimes of this case during the period of repeated crime; the contents and frequency of the crimes are similar to other similar crimes; the balance between the punishment and the punishment in other similar cases; and the defendant's age, character, character, intelligence and environment; the motive and circumstances of each of the crimes of this case; and the circumstances after the crime, etc., the defendant and the public prosecutor's assertion are not justified in all of the above grounds.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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