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(영문) 수원지방법원 2013.06.20 2013노1659
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. One set of the following facts: although the defendant's mistake was recognized, it is against his will, and some damage was recovered due to temporary return of one cell phone, etc., which was seized, these circumstances were considered in the original trial and the sentence of discretionary mitigation was rendered to the defendant; the defendant was sentenced to imprisonment for the same kind of crime; two times among them, the defendant was sentenced to imprisonment; the victims did not agree with the victims; and the partial recovery of damage as seen earlier is not based on the defendant's efforts; and in full view of all other circumstances that form the conditions for sentencing as indicated in the records, such as the course and contents of the crime in this case, the defendant's age, character and conduct, family relationship, and occupation, it cannot be deemed unfair because the sentence imposed by the lower court as the minimum statutory penalty is set.

3. 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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