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(영문) 수원지방법원 2015.09.17 2015노3396
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant appears to have committed the instant crime due to the lack of economic circumstances at the time, and the amount of individual damage suffered by the victims, etc. is difficult to view that it is excessive, and the victim D and E are not wanting to punish the victims for the first time, and the fact that the victims were repented and reflected by their mistake is favorable to the Defendant.

However, there are many records of punishment for the crime of the same kind, and the defendant was sentenced to imprisonment with prison labor for the crime of larceny around 2009, and was released from prison, and again committed the crime of the this case repeatedly during the repeated crime period. The crime of the this case is committed by the defendant, after destroying and damaging the entrance gate of a certified judicial scrivener office at night, and it is not good that the crime of the this case was committed, and the damage suffered by the remaining four victims is not recovered properly, and all other sentencing conditions such as the defendant's age, environment, personality and conduct, family relation, etc. are considered as being too unreasonable. Thus, the above argument by the defendant is without merit.

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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