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(영문) 수원지방법원 2015.05.28 2015노1887
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the Defendant (unfair form of punishment) and the fact that the Defendant commits a crime to maintain his livelihood by growing up in an infinite family environment and endeavoring to recover from damage, the sentence of the lower court that sentenced the imprisonment with labor for not less than one year and two months is too unreasonable.

2. The judgment of the court below is not appropriate that the defendant committed repeatedly against many victims during a short period of time even though the defendant was a repeated crime, and the damage recovery was not performed until the court below held. On May 12, 2004, the defendant was sentenced to a suspended sentence of 2 years in the imprisonment with prison labor for the crime of larceny at Suwon District Court on May 12, 2004 and several records of criminal punishment for the same crime were sentenced to a suspended sentence of 2 years. Considering the motive and background of each of the crimes of this case, circumstances before and after the crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the records and arguments of this case, the court below's punishment is not determined unreasonable, considering the circumstances asserted in the grounds for appeal. Thus, the above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal for conclusion. It is so decided as per Disposition

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