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(영문) 수원지방법원 2018.10.29 2018노5280
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. The judgment of the defendant shows the attitude of reflecting the defendant's wrongness, and the amount of damage is a small amount favorable to the defendant.

However, the crime of this case was committed by the Defendant with partial destruction of the structure and intrusion at night, and the nature of the crime is considerably poor in light of the contents of the crime and the method of the crime. Also, the crime of this case constitutes a repeated crime and its possibility of criticism is higher.

It has not been recovered from damage, and the defendant has a number of criminal records and criminal punishment records, so severe punishment is inevitable.

Considering the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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