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(영문) 창원지방법원 2014.09.04 2014노1347
특수절도등
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 (ten months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s mistake is recognized as both of his mistake and reflects, and the victim H and J does not want to punish the Defendant, but the theft of the crime against the victim E is returned to the victim E.

However, each of the crimes of this case is about theft or attempted theft of scrap, etc. which the Defendant had been sentenced to imprisonment with prison labor at least 2 times or criminal punishment. In particular, the Defendant was sentenced to imprisonment with prison labor at around 2010 by means of a method similar to each of the crimes of this case, and then completed the execution of the punishment, and subsequently commits the crimes of this case during the repeated crime period after the completion of the execution of the punishment again. Article 331 of the Criminal Act provides that "any person who steals another's property jointly with two or more persons shall be sentenced to imprisonment with prison labor for not less than 1 year, but not more than 10 years," and there is no room to choose the sentence, and the lower court did not consider the above circumstances favorable to the Defendant; the Defendant committed each of the crimes of this case during the repeated crime of this case; the Defendant cannot be deemed to have been sentenced to imprisonment with prison labor at least 22 times or more; circumstances such as the victim's age and equality after the sentence of each of this case; circumstances and circumstances similar to the Defendant's life or equity after the sentence of this case.

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