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(영문) 수원지방법원 2015.06.26 2015노1919
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant can be considered, such as the fact that the defendant recognized the crime and misunderstanding is divided.

However, even though the defendant was sentenced to a suspended sentence of 2 years and a fine of 1 million won on July 3, 2014 and was pending in the appellate trial due to the prosecutor's appeal, the defendant committed the crime of this case again since the end of the previous month. The defendant committed the crime of this case by taking advantage of the trust of the victims known to the general public, and it is not good that the crime of this case was committed for the prevention of 18 months by taking advantage of the victim's reliance, which was worn by a baby, and it is not good that the defendant committed the crime of this case by taking advantage of the victim's trust, including the same criminal record, there are several criminal records that were subject to criminal punishment on several occasions, and that there was no agreement with the victims.

In this context, considering the following factors: Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, various conditions of sentencing, including circumstances after the crime, and the fact that the lower court has determined the punishment within the scope of the recommended sentence of the Supreme Court Sentencing Committee, the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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