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(영문) 창원지방법원 2015.08.11 2015노1451
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the punishment imposed by the lower court (two years and eight months of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence is too uneasible and unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, the number of the crimes in this case reaches about 30 times, and the total amount of damage reaches about 20 million won, and the defendant did not submit any particular data about victims' recovery from damage until the trial. The defendant committed the crime in this case even though he had committed a repeated crime due to the same kind of crime, and the defendant committed the crime in this case more than several times, which is disadvantageous to the defendant. In addition, the court below sentenced a punishment for two years and eight months with imprisonment with prison labor, which is sentenced to the judgment of unconstitutionality as to the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes applied to the judgment subject to a retrial, taking into account the circumstances where the Constitutional Court rendered a decision of unconstitutionality as to the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are applied to the judgment of original judgment, in light of the following: the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of this case and the records are too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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