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(영문) 창원지방법원 2015.09.17 2015노1794
상습절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the punishment imposed by the court below (one year and two months of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too uneasible and unreasonable.

2. It is recognized that the Defendant recognized his mistake and reflects the fact that some damaged goods were temporarily returned to the victims, and that the Defendant caused the instant crime because he did not live expenses, and there are some circumstances to consider the circumstance.

However, the Defendant had the record of having been punished several times for the same crime, and in particular, on July 15, 201, sentenced one year and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed the instant crime even if the execution of the sentence was completed on December 9, 2012 and was in repeated period, and again, the Defendant committed the instant crime; the victims have not recovered, and the crime of larceny committed by intrusion upon another person’s residence is a dangerous crime that may expand or develop as a serious crime, such as robbery, and thus, requires strict consideration to the disadvantage of the Defendant. In full view of the following circumstances, the Defendant’s age, character and behavior, the motive and circumstance of the environmental crime, the means and method of the crime, and the circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and the record of the instant crime, the lower court’s sentence is deemed unreasonable or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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