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(영문) 수원지방법원 2016.04.29 2016노851
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant confessions all of the crimes of this case and reflects his mistake; the defendant has no record of criminal punishment in the Republic of Korea; the defendant's profits acquired by the crime of this case are not many is favorable to the defendant; on the other hand, in light of the fact that the crime of this case is extremely poor, in light of the fact that the damaged amount of this case is not only 20 million won, but also the damage is not recovered or is not agreed with the victim; there is no special circumstance to change the sentence of the court below to the point where the punishment of this case is reasonable, and there is no other special circumstance to change the sentence of the court below to the point where the defendant's age, sexual behavior, intelligence and environment, motive, means, method, consequence, circumstance of the crime before and after the crime, and criminal record, etc., the defendant and the defendant's assertion of the punishment of this case are not accepted since the punishment of the court below is too unfair.

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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