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(영문) 창원지방법원 2016.11.30 2016노2568
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. All of the instant crimes are recognized by the Defendant, and the fact that the said victim was not punished against the Defendant is more favorable for the following reasons: (a) the Defendant recognized that the Defendant committed each of the instant crimes; and (b) the victim V and the Defendant agreed with the Defendant.

However, each of the crimes of this case is an unfavorable circumstance where the defendant stealss the victims' property over several times, stealss property from the victims, uses the stolen victim's physical card, and the nature of the crime is not good in light of the number of victims (total 11 persons) and total amount of damage amount, and most of the damage from each of the crimes of this case is not recovered up to now, and there is no agreement with the victims except the victims V, and the defendant has been punished several times due to the same crime.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.

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