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(영문) 창원지방법원 2016.10.26 2016노1879
특정범죄가중처벌등에관한법률위반(절도)
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. Determination is a favorable condition for the following reasons: (a) the Defendant recognized the instant crime and against the mistake; and (b) the amount of damage was not significant.

However, even though the defendant had been punished several times for the same crime, he/she committed the crime of this case again during the period of repeated crime, up to now, has not been recovered from damage, and has not been agreed with the victim.

In addition to the above circumstances, the lower court’s determination of sentencing is difficult to deem that the lower court exceeded or maintains the reasonable bounds of discretion, considering the following factors: (a) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (b) various sentencing conditions indicated in the records and arguments, such as the circumstances after the crime, etc.

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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