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(영문) 창원지방법원 2018.02.08 2017노3527
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the original judgment (two years of imprisonment) shall be too heavy.

2. Determination: (a) there are favorable grounds for sentencing, such as the fact that the defendant is living against the defendant while making a confession of the crime; (b) agreement with some victims; (c) there are minor children to support; (d) there are several criminal records of the same kind of punishment; and (e) there are victims who have not agreed to do so; (b) there are reasons for sentencing unfavorable to the defendant; and (c) imprisonment with prison labor only for the larceny of repeated crimes; (d) two years, which are the lowest limit; (e) the defendant is unable to be sentenced to a suspended sentence by law; (e) the defendant’s age, family relation, economic situation; (e) the background and motive leading to the crime; and (e) other matters concerning the sentencing as indicated in the records and arguments of this case; and (e)

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

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