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(영문) 춘천지방법원 강릉지원 2020.05.21 2020노107
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution against the defendant as to the violation of the Road Traffic Act among the facts charged against the defendant, and sentenced him to the remaining facts charged. Since only the defendant filed an appeal against the guilty part of the judgment below, the dismissed part of the above indictment is separated and confirmed and excluded from the judgment of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court is too unreasonable.

3. The Defendant recognized the instant crime and reflected his mistake.

Some victims of larceny do not want to punish the defendant, and some of the victims were returned to the victims.

On the other hand, the defendant not only has been punished for the same kind of crime, but also has been sentenced to punishment for the same crime and has not yet been executed for a long time, and the crime of this case is not likely to be committed during the period of repeated crime.

The defendant did not take any particular measures for the recovery of the victims' damage.

In addition, even if the defendant's age, character and behavior, environment, circumstances before and after the crime, etc. and various sentencing conditions shown in the arguments are considered, the sentence of the court below against the defendant is too unreasonable.

4. 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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