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(영문) 의정부지방법원 2017.12.21 2017노2818
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

2. Determination of the theft of this case is not a relatively large amount of bicycle that is equivalent to KRW 300,000, but is a circumstance favorable to the defendant that has been restored to the victim.

However, the defendant committed the crime of this case again during the period of repeated larceny, which habitually stolen the bicycle 18 times.

Defendant was punished five times (one time of punishment, one time of suspended sentence of imprisonment, and three times of imprisonment) for the larceny crime including the previous criminal offense.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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