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(영문) 창원지방법원 2018.01.18 2017노3421
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment (six months of imprisonment) of the lower judgment on the gist of the grounds of appeal is too heavy.

2. Determination: (a) there are favorable grounds for sentencing, such as the fact that the defendant is living against the defendant while making a confession of the crime, the fact that the defendant agreed with the victims, and the fact that there is no criminal record exceeding the suspension of the execution of imprisonment. However, the defendant’s assertion is groundless in light of the following: (b) disadvantageous reasons for sentencing, such as the fact that the victim committed the same crime twice due to the larceny or during the suspension of the execution of imprisonment; (c) the fact that there are two times the records of the suspension of the indictment for the same kind of crime; (d) the reason why the damage was incurred; (e) the reason why the suspension of the execution was disqualified; (e) the defendant’s age, family relation, economic situation; (e) the background and motive leading to the crime; and (e) the records and changes in the indictment.

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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