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(영문) 수원지방법원 2017.08.28 2017노3573
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The judgment has a favorable circumstance, such as the defendant's wrong perceptions and shows an attitude to reflect his or her wrongness.

However, in this case, the defendant stolen the property equivalent to the total amount of 3,350,00 won by intrusion upon his residence over 27 times, and the nature of the crime is not weak in light of the method of crime, the frequency of the crime, the amount of damage, etc.

In addition, the defendant has been sentenced to imprisonment for the same kind of crime several times, and the crime of this case constitutes a second offense during the period of repeated crime due to the same crime, and has not yet been agreed with the victims.

Considering the above circumstances favorable or unfavorable to the defendant, the circumstances after the crime of this case, the statutory punishment of the crime of this case (from 2 years to 20 years), the defendant's age, sexual conduct, environment, and other various sentencing conditions shown in the argument of this case, the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

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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