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(영문) 수원지방법원 2016.07.15 2016노3136
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below has favorable conditions, such as the confession of the crime of this case and reflects his mistake and the defendant's family members. However, the defendant has been sentenced to a fine and a suspended execution several times for the same crime, and the defendant has committed repeatedly each of the larceny crimes of this case even if he was sentenced to a fine twice during the suspended execution period, and had been sentenced to a punishment twice again during the suspended execution period. The defendant sold stolen articles and used all proceeds of the crime after having agreed with the victim and has made efforts to recover the damage, and there is no special circumstance to change the sentence of the court below in light of the defendant's age, sex, intelligence and environment, motive, means, method, result, circumstances before and after the crime, and criminal records, etc., the defendant and the defendant's assertion that the above punishment of the court below is unfair is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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