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(영문) 의정부지방법원 2014.11.27 2014노2033
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. Although the victims of the crime of this case were relatively large, there are favorable circumstances such as the victim's damage amount, the defendant shows a reflective figure while recognizing the crime of this case, the attitude of the crime of this case is not intrusion theft, and thus less dangerous, the victim'sO did not want the punishment against the defendant, and the victim's organization reached an additional agreement with some victims in the trial. However, the crime of this case is more likely to have committed another's property theft on seven occasions habitually. The defendant committed the crime of this case during the period of suspension of execution despite the fact that the crime of this case was committed two times due to special larceny, the defendant committed the crime of this case during the period of suspension of execution, the sentence of the court below is the minimum statutory punishment that has been sentenced to discretionary mitigation, and the defendant's age, character and behavior, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc. are considered to be unfair.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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