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(영문) 창원지방법원 2016.11.23 2016노2479
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized all of the crimes of this case and cooperates with the investigation, such as: (a) the total amount of damage caused by each of the crimes of this case is not so large; and (b) the Defendant led to the confession of the crime that was not discovered by an investigative agency.

However, each of the crimes of this case committed by the defendant, together with his accomplices or, together with the defendant, theft of the other person's property by intrusion on the other person's residence or structure, and theft of the property by intrusion on the other person's building at night, the nature of the crime is not good. The defendant has been punished several times due to the same crime, and the defendant committed each of the crimes of this case at once during the period of repeated crime, and committed each of the crimes of this case at once during the period of repeated crime, and has not been recovered from particular damage up to now.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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