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(영문) 의정부지방법원 2015.12.08 2015노2426
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession and reflect of the instant crime, and that the value of the damage caused by the instant crime is not significant.

B. However, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the pleadings, the lower court’s punishment is too unreasonable, by taking account of the following factors: (a) the Defendant committed the instant crime when he was sentenced to imprisonment for the same kind of crime on July 10, 201; (b) the frequency of the crime and the number of victims; (c) the Defendant did not recover from damage; (d) there are no special circumstances or changes in circumstances that may be newly considered for the Defendant after the sentence of the lower judgment was rendered; and (e) the Defendant’s age, character and conduct; (e) the motive and circumstance leading to the instant crime;

C. Therefore, the defendant's above assertion is without merit.

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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