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창원지방법원 2019.01.30 2018노2706

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the sentence of the lower court: Imprisonment with prison labor for a year and six months);

2. The lower court determined that the Defendant committed a thief crime on five occasions in total, even though the Defendant had been sentenced to a punishment for a thief crime on five occasions, and the Defendant had been sentenced to imprisonment (one year and six months of imprisonment with prison labor) and committed in the 2000s, the Defendant committed a larceny or attempted to steals with the same method as each of the crimes indicated in the judgment. The Defendant committed a thief crime on five occasions in total, even though limited to only two years from 2011 to 2017, even if the Defendant had been sentenced to a fine, despite the fact that the Defendant was committed as a thief crime in spite of a large number of criminal records of the Defendant, the Defendant committed a repeated crime of the same thief type, which was sentenced to imprisonment with prison labor (one year and six months of imprisonment with prison labor), and further, the Defendant committed a crime of the same stief punishment as the victims of each of the crimes, and the Defendant committed a relatively less unfavorable crime by taking into account the motive and circumstances of each of the victims.

The grounds for unfair sentencing alleged by the Defendant (the crime of this case is against the Defendant, the Defendant’s economic situation, dependent, etc.) appears to have already been taken into account in determining the Defendant’s punishment. There is no circumstance to deem that the above sentencing conditions have changed in the trial, and the above sentencing conditions have been changed.