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(영문) 의정부지방법원 2014.03.21 2013노2658
특정범죄가중처벌등에관한법률위반(절도)등
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. The judgment of the court below is against all of the crimes of this case, but the defendant has been sentenced to imprisonment five times for the same kind of crime since 2009, and the defendant committed the crime of this case at the same time during the repeated crime period of the same kind of crime, the frequency of the crime of this case reaches 16 times and the amount of theft damage has not been substantial, and the victim has not been damaged during the theft process, and even though not agreed with the victims, the compensation for the crime falling under Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act has been sentenced to imprisonment with prison labor for life or for not less than three years, and in full view of all the circumstances such as the defendant's age, character and behavior, environment, the circumstances and contents of the crime of this case, and the circumstances after the crime, etc., the judgment of the court below cannot be deemed to be undue and unreasonable.

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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