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(영문) 수원지방법원 2015.02.05 2014노6931
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the facts that the defendant led to the confession and reflect of the crime of this case. However, the crime of this case is planned that the defendant habitually stolen things worth KRW 3.7 million over 16 times, and the quality of the crime is poor as well as the frequency of the crime; the defendant was unable to recover victims' damage or receive a letter from the victims; the defendant was sentenced to punishment and suspended execution on two occasions due to larceny of the same law for the vehicle parked; the defendant committed the crime of this case during the parole period or repeated crime; the crime of this case falls under Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; the crime of this case falls under Article 329 of the Criminal Act; the punishment of this case falls under imprisonment with prison labor for life or for more than three years; even if the defendant selects a limited term of punishment in this case without any other legal grounds, the defendant's maximum imprisonment with prison labor for the crime of this case falls under one year and 6 months; thus, the court below rejected various circumstances of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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