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(영문) 창원지방법원 2020.04.28 2020노218
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years and six months) imposed by the court below is too unreasonable.

2. The judgment of the Defendant recognized all of the instant crimes and reflected, and among the victims of the instant crimes, AM and N does not want to be punished by the Defendant.

These circumstances are favorable to the defendant.

However, the crime of this case was committed by the defendant who stolen or attempted to steals the victims' property by means of intrusion on the building, etc., and the crime was not good in light of the risk, duration, and frequency of the crime. The defendant committed the crime of this case at multiple times since he did not throw away the habit of the larceny even though he had been sentenced several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and did not go against it after being discharged, and the defendant committed the crime of this case. The defendant committed the larceny against many unspecified victims, and all victims except victims AM and N want to be punished by the defendant, and it does not seem that the sentencing of the court below exceeded the reasonable scope by taking into account various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, criminal records, and criminal records.

Therefore, the defendant's assertion is without merit.

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

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