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(영문) 창원지방법원 2017.01.25 2016노3201
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances are favorable to the Defendant’s recognition of the instant crime, which reflects the mistake, the amount of damage is not so significant, and the victim’s punishment has not been imposed upon the Defendant by agreement with the victim.

However, even though the defendant had been punished several times due to the same crime, he/she committed the crime of this case at the same time during the period of repeated crime.

Taking into account the following circumstances: (a) the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime; (b) the circumstances after the crime; and (c) the imprisonment with prison labor for one year sentenced by the lower court was determined to be mitigated to two years, which is the lowest statutory penalty; and (d) the conditions of various sentencing specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime; and (c) the imprisonment with prison labor for two years, which is the minimum statutory penalty, may not be deemed unfair

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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