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(영문) 의정부지방법원 2018.09.17 2018노2114
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unreasonable (six months of imprisonment with prison labor).

2. It is recognized that the Defendant recognized his mistake and reflected his mistake, the amount of damage is relatively small, and the injured party does not want the punishment of the Defendant by unanimous agreement with the victim, and that the Defendant has the disability of class 3 of intellectual disability.

However, the crime of this case was committed by the Defendant in collaboration with A and C, and the Defendant was punished several times by larceny. In particular, on January 16, 2017, the Defendant committed the crime of this case even though he was sentenced to a suspended sentence for six months due to larceny on January 24, 2017, which became final and conclusive on January 24, 2017, and was still subject to suspended sentence, the Defendant committed the crime of this case. The special larceny of Article 331 of the Criminal Act, which is the crime of this case, is punishable by imprisonment for not less than one year, but not more than ten years, even if mitigation of the amount of punishment is limited to imprisonment for the crime of this case, the lower court’s sentence of imprisonment for not less than six months has to be imposed, and there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the lower court, and there are no other circumstances or changes in circumstances to the Defendant’s age, age, environment, motive, method and method of the crime of this case, and the records.

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

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