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(영문) 수원지방법원 2013.08.21 2013노2657
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant’s judgment on the Defendant’s assertion of unfair sentencing is against the instant crime, and the Defendant’s unsound family environment and mental unstable condition are considered, the lower court appears to have sufficiently taken into account the favorable circumstances in sentencing. There is no change in circumstances to again reduce the sentence at the trial. Although the Defendant already been sentenced to imprisonment with prison labor for a period of one year and six months on October 19, 201 by this court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., even though he had already been sentenced to imprisonment with prison labor and served for a more than two months after the end of the sentence execution, the Defendant committed the same act on the date of the instant facts charged, which was only more than two months after the end of the sentence execution, taking into account the following factors: the Defendant’s age, character and behavior, occupation, criminal record and the background of the instant crime, etc., and all the sentencing conditions indicated in the records and arguments

2. 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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