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(영문) 의정부지방법원 2013.04.17 2013노510
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the court below is that the defendant led to confession of the crime of this case and reflects the mistake in depth, most damaged goods were returned, and the victim did not want the punishment of the defendant. However, the defendant has been punished twice by imprisonment with prison labor for the same kind of crime. Among them, on September 14, 2007, the defendant was sentenced to three years by the Suwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Suwon District Court on August 10, 2010, and the execution of the sentence was completed on August 10, 2010 and committed the crime of this case during the repeated crime. The punishment sentenced by the court below is the lowest punishment mitigated by discretionary mitigation, and all other circumstances, including the defendant's age, character and behavior, family relationship, occupation, and circumstances leading to the crime of this case, and the sentencing conditions indicated in the records after the crime, it cannot be deemed that the defendant's punishment imposed by the court below is excessively unfair.

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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