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(영문) 수원지방법원 2014.09.18 2014노4331
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is divided into the defendant's wrong facts, the defendant was the first generation of society, the damage is relatively minor, and the crime was committed once. However, while the defendant committed the crime in this case during the repeated crime period for the same kind of crime, the damage is not recovered, the statutory minimum of the crime in this case is three years, and the court below sentenced the lowest sentence to be mitigated. In full view of the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is heavy.

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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