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(영문) 창원지방법원 2014.11.13 2014노1999
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal is the confession and reflect of the Defendant; (b) the Defendant does not punish the Defendant by mutual consent with the victim D (hereinafter “victim”); and (c) the Defendant is at the location to support three minor children; (b) the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes was habitually punished on December 27, 2013 by the Defendant for a violation of the Act on the Aggravated Punishment, etc. of Theft and the Act on the Aggravated Punishment, etc. of Specific Crimes (two times of imprisonment and two times of suspension of the execution of imprisonment). Since the Defendant was punished for a repeated crime on two occasions at the scene of the victim’s operation, 1,496,00 won, and 1,49,00 won, and 27, and 31 December 2013 without a driver’s license, each of the instant crimes was considered to drive a vehicle without any driver’s license, it is not easy to say that the Defendant had been punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) by carrying the previous construction materials on a vehicle and driving them on a similar way to the instant larceny crime, and the Defendant was sentenced to a fine on two occasions after having been sentenced to imprisonment with no license for a prison license for each of the Defendant on September 16, 24, 20.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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