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(영문) 창원지방법원 2015.01.21 2014노2562
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The instant crime was committed in favor of the Defendant, on the following grounds: (a) the Defendant committed the instant crime from E convenience points operated by the victim D and H convenience points operated by the victim G, with cash, merchandise coupons, etc. as an employee; and (b) the Defendant recognized the instant crime and reflected the mistake.

However, on October 16, 2013, the Defendant had been punished several times due to the same criminal conduct (two times a fine, one suspended sentence, and one suspended sentence), and on January 4, 2014, the Defendant committed the instant crime even if he/she had been sentenced to imprisonment with prison labor for larceny in the Changwon District Court Branch Branch of Msan on the following grounds: (a) the Defendant committed the instant crime on January 4, 2014; (b) the victims have agreed with the victims or failed to reimburse the victims of the amount of damage; (c) the application of the sentencing guidelines by the Sentencing Commission (the scope of recommendations for larceny: from August to June; (d) the Defendant’s age, character, environment, circumstances, means and result of the instant crime; and (e) the Defendant has intruded into places other than the indoor residential space (the grounds for mitigation); and (e) the Defendant’s age, character, and behavior, how the crime was committed; and (e) the circumstances after the commission of the instant crime, and thus, cannot be deemed to be excessively unfair.

3. 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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