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(영문) 의정부지방법원 2016.02.02 2015노3216
절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is reasonable to consider that the Defendant reflects the instant crime.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., where three months have not passed since the Defendant completed punishment due to larceny, and the Defendant committed another crime again within the period of repeated crime, that the Defendant planned to commit the instant crime by selecting only the construction site, and that only some damaged items were returned, and that only the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., it is not deemed that the sentence of the lower court is too unreasonable.

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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