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(영문) 창원지방법원 2019.06.27 2019노741
특수절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the following: (a) the Defendant’s acknowledgement of all the instant crimes and reflects the wrongness; (b) the Defendant did not repeat the instant crime for one year after release in 2014; and (c) the health and economic situation seems to be adequate.

However, each of the crimes of this case committed by the defendant by intrusion on a shop and a vehicle, theft of property or attempted attempt, withdrawal of cash without authority by using a stolen passbook, and in light of the circumstances of the crime, frequency, methods, etc., the responsibility for the crime is very heavy, and the defendant does not make every effort to recover victims from damage, even though he had been punished several times for the same crime, the crime of this case was committed; the defendant was arrested as a part of the crime and was released after the warrant was examined, and the punishment of the court below was committed again in the same month; there are no special circumstances to change the sentence of the court below after the sentence of the court below was sentenced; and all other circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, character and environment, etc., it cannot be deemed unfair for the court below's punishment to be too unreasonable.

Therefore, 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 since it is without merit. It is so decided as per Disposition.

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