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(영문) 의정부지방법원 2015.11.17 2015노2464
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the confession and reflect of each of the crimes of this case, the value of the damaged goods caused by the crime of this case is relatively small and most returned, and the agreement is reached with some victims.

B. However, the Defendant had had the record of criminal punishment for the same kind of crime in three times or more (two times of punishment and one fine), despite the fact that the Defendant repeats the same mistake, such as theft of stolen goods in various places, such as large marina, etc., there are no special circumstances or changes in circumstances that may be newly considered for the Defendant after the decision of the lower court was rendered, and other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and all other factors of sentencing as shown in the argument of the instant case, it is not determined that the Defendant’s punishment is too unreasonable.

C. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal 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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