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(영문) 창원지방법원 2012.12.27 2012노1952
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 (one year and six months of imprisonment) is too unreasonable.

2. Determination: (a) The Defendant committed the instant larceny again during the period of repeated crime even though he/she was sentenced to eight months of imprisonment with prison labor or imprisonment with prison labor for the same crime on November 11, 201; and (b) the Defendant committed the instant larceny again during the period of repeated crime, who was sentenced to imprisonment at least three times due to larceny, and was sentenced to imprisonment with prison labor for life or imprisonment with prison labor for more than three years; (c) the Defendant committed the instant larceny again within the period of repeated crime; (d) the Defendant was sentenced to imprisonment with prison labor for life or imprisonment with prison labor for more than three years; (e) the Defendant was sentenced to imprisonment with prison labor for more than one year and six months; (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) records and circumstances after the instant crime and the instant punishment were considered to be unfair, considering the following factors: (e) the Defendant’s age, character and behavior; and (e) the Defendant’s motive and consequence of the instant crime.

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

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