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(영문) 수원지방법원 2015.02.12 2014노6392
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is taking into account the following facts: (a) the crime of this case is habitually committed by the defendant, and is committed against all of the crimes of this case; (b) it is planned that the defendant habitually steals or attempted to steals precious metal worth KRW 5,1430,00 in total 24 times, and that the crime of this case was committed; (c) there are considerable frequency of such crimes; (d) the defendant was unable to recover damage to victims or have been used from victims; (d) there was a history of being punished for suspended sentence due to the larceny of the same Act against the defendant; (e) the crime of this case constitutes a crime falling under Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; (e) the statutory punishment of the crime of this case is defined as imprisonment with prison labor for life or for more than three years; and (e) various circumstances, including the age, working environment of the defendant, etc., the defendant's assertion is not accepted.

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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