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(영문) 창원지방법원 2015.09.10 2015노1739
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the mistake, and that the Defendant agreed with the victim.

However, the Defendant committed the instant crime even when he/she was sentenced to one year of imprisonment due to larceny, etc. on July 23, 2013 and served as a repeated offender upon termination of the execution of the sentence on January 31, 2014, even if he/she had been sentenced to repeated crimes, and the Defendant was punished several times for the same kind of crime in the past (one time of fine, one time of suspended execution of imprisonment, one time of suspended execution of imprisonment, and one time of imprisonment), etc. When considering the circumstances unfavorable to the Defendant, there is no special circumstance or change that may be newly considered in sentencing after the sentence of the lower judgment, and the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime is committed, and it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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