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(영문) 수원지방법원 2014.05.12 2014노1021
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (four years of imprisonment, confiscation) is too unreasonable.

2. The instant crime committed by intrusion upon another’s residence and theft of valuables, the frequency of the crime is reasonable, and the amount of damage therefrom exceeds KRW 100,000,00,000, and the Defendant unlawfully used the car number plate, which is air, to commit the larceny.

In light of the method, frequency, and scale of damage of the crime, the crime of this case is very poor.

In addition, even though the defendant was punished by imprisonment not less than five times due to the same crime, and again committed the crime of this case, and in particular, since one month has passed after the release on June 4, 2013, the defendant committed the crime, and there is no circumstance that the defendant was able to repent.

Therefore, it is necessary to strictly punish the defendant.

Considering the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., and all the sentencing conditions indicated in the instant records and arguments, even if the Defendant is against the Defendant, was agreed with some victims, and certain damage was returned to the victims, the lower court’s punishment is too unreasonable.

3. In conclusion, 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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