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(영문) 의정부지방법원 2018.05.15 2018노716
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Defendant recognized and reflected the instant crime.

The damage of the instant case was restored to the victim.

This is the circumstances favorable to the defendant.

However, the crime of this case was committed during the period of repeated crime, and the defendant had already been punished by a fine for larceny in 2017 two times, but again went to commit the crime of this case, and the nature of the crime is very bad.

The defendant did not agree with the victim, and there is no change in circumstances that can reduce the punishment of the court below in the trial.

This is disadvantageous to the defendant.

The sentencing guidelines established by the Supreme Court and the sentencing committee are 6 months to 1 year and 6 months, which fall under the basic area among the two types of theft (general larceny) for general property.

In full view of various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, and the sentencing conditions specified in the instant records and pleadings, the lower court’s sentence cannot be deemed unfair because it 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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