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(영문) 창원지방법원 2016.06.30 2016노1094
상습절도등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the judgment, the facts that the defendant led to the confession of the crime are favorable reasons for sentencing. The defendant committed the larceny repeatedly for about nine months, and the total theft amount is about KRW 15 million. The records of punishment for the same crime are five times. In particular, the defendant committed the crime of this case during the period of repeated crime due to the same crime, and the fact that the defendant did not agree with most victims are disadvantageous reasons for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion 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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