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(영문) 수원지방법원 2016.02.05 2015노6565
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment appears to have recognized and reflected each of the instant crimes, and the fact that some of the damaged goods have been returned to the victim is favorable.

However, the Defendant has been punished several times in the past, and the crime of this case was committed by the Defendant as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was committed during the repeated crime period; the Defendant did not reach an agreement with the victims; the Defendant’s punishment imposed by the lower court constitutes the de facto lower sentence that has been mitigated; the motive and circumstance of the crime of this case; the circumstances after the crime; the Defendant’s age, sexual behavior, environment, etc.; and other various circumstances, which are the conditions of sentencing specified in the records and theories of this case, such as the records and changes, are considered, it is not determined that the sentence imposed by 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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