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(영문) 창원지방법원 2017.08.31 2017노1741
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment below's punishment is reasonable, and the amount of damage is not significant, there are favorable grounds for sentencing, such as the confession of a crime, the fact that there is no agreement with the victim prior to the institution of a public prosecution, but there are two criminal convictions in this case, and the special larceny only provides for unfavorable sentencing grounds, such as punishment of a repeated crime, and the punishment of a special larceny is imprisonment with prison labor for six months, which is the lowest one after the reduction of the amount of punishment, the suspension of execution against the defendant is impossible, the defendant's age, family relation, economic situation, circumstances leading to the crime and motive, and all other matters concerning the sentencing as indicated in the records and changes in the records of this case. Thus, the defendant's argument is without merit, since the punishment of the court below is judged to be appropriate,

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

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