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(영문) 창원지방법원 2015.11.19 2015노2298
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflected his mistake.

However, on July 15, 201, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed the instant crime on December 7, 2012, even if he had been punished for a repeated crime after the execution of the sentence was completed, the Defendant committed the instant crime. The Defendant had the record of having been punished several times due to the same crime in the past, even though there are considerable damages due to the instant crime, and there is no submission of any particular data on the recovery of damage, and the thief crime committed in intrusion upon another’s structure is a dangerous crime that may expand or develop as a serious crime, such as robbery, and thus, there is a need to strict punishment. In addition, considering the following factors, the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, means and method of the crime, and circumstances after the sentence of the lower judgment, it is unreasonable to deem the lower court’s punishment to be too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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