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(영문) 수원지방법원 2016.01.15 2015노6830
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case and returned damaged articles.

However, in full view of the fact that the Defendant was already punished several times as a crime of the same kind, and the Defendant was punished as an attempted crime of special larceny as stated in the first head of the lower judgment’s criminal fact, and the Defendant re-offendered the instant crime within the repeated crime period, and other various circumstances, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

Therefore, the above unfair argument of sentencing by the defendant and his defense counsel is without merit.

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

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