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(영문) 창원지방법원 2012.12.27 2012노2119
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) is too large and unreasonable.

2. We examine the following facts: (a) the defendant led to the confession of each of the crimes of this case and divided his mistake into two or more years; (b) the victim does not want the punishment of the defendant at the court below; (c) the defendant was sentenced to a suspended sentence of two years in June 29, 201 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was committed on July 7, 2011; (d) even though the judgment became final and conclusive on July 7, 201, he again committed each of the crimes of this case during the suspended sentence; (e) habitual larceny was punished by imprisonment with prison labor for life or for more than three years pursuant to Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; (e) the court below sentenced the maximum one year and six months of imprisonment with prison labor by means of discretionary mitigation; and (e) other factors, such as the defendant's age, character and behavior, motive, method and motive of the crime; (e) the defendant's and circumstances.

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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