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(영문) 창원지방법원 2015.02.04 2014노1958
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and six months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. The crime of this case was committed habitually by the Defendant, and the Defendant recognized the crime of this case and reflected the mistake, and the victims want to take the Defendant’s wife against the Defendant by mutual consent with the victims, etc. are favorable to the Defendant.

However, in full view of the fact that the Defendant committed the instant crime even though he had been punished several times due to the same criminal conduct, the lower court appears to have determined the punishment by fully taking into account the circumstances favorable to the Defendant, and that there was no change of circumstances that could change the circumstances between the lower court and the punishment in this court, the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [the scope of recommending punishment: between 1 and 6 months and 3 years, considering the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court (the grounds for mitigation) and other various circumstances, including the Defendant’s age, character, character, environment, circumstances of the crime, means and consequence, etc., and the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower

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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