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(영문) 창원지방법원 2016.04.06 2016노356
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The facts that the Defendant recognized all of the instant crimes and agreed with the victims are favorable.

However, the Defendant had a record of having been sentenced to punishment for the same crime several times due to the same crime, and the Defendant committed some of the instant crimes since it was sentenced to a fine for the crime of larceny once during the period of repeated crime, even though he/she was sentenced to a punishment for the crime of larceny, and the amount of damage caused by each of the instant crimes is not much significant.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the defendant's argument of sentencing 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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