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(영문) 청주지방법원 2019.01.31 2018노1510
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In light of the circumstances asserted by the Defendant as favorable sentencing factors in the past, including the fact that the amount of damage to each of the larceny crimes in this case appears to be very minor, the Defendant was sentenced to criminal punishment several times due to the same larceny crimes in the past, and was sentenced to imprisonment with prison labor on September 23, 2016 for the violation of the Act on Special Cases, etc. concerning the Aggravated Punishment, etc. (Larceny) in the Mayang Branch Branch of the Government District Court on March 23, 2016. On November 10, 2017, the Defendant committed the larceny crime in this case even during the period of repeated crimes after the execution of the punishment was completed, and even during the period of repeated crimes. In the case of the crime of destroying and damaging property in this case, the lower court’s determination on the crime of larceny in this case was made against the entrance of the Defendant several times on the ground that the Defendant was demanded to leave from the manager of Cheongri Station Station, and thus, did not have any disadvantages in light of the circumstances leading up to the crime.

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

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