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(영문) 수원지방법원 2014.01.23 2013노5563
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court against the accused (three years of imprisonment, confiscation) is too unreasonable.

Judgment

However, considering the fact that the defendant's mistake is divided, there are many criminal records of the same kind, and the defendant committed each of the crimes of this case without being aware of the same criminal records during the period of repeated crime, and the victim did not take measures to recover damage except for those temporarily returned, and the court below's age, character and behavior, environment, circumstances after the crime and circumstances after the crime, and all of the sentencing conditions shown in the records and arguments of this case, it cannot be said that the punishment of the court below is heavy.

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

(However, the summary of the evidence of the third page of the judgment of the court below is clearly omitted from the last "1. Habituality of the judgment: In light of the power of each crime, method of crime, and the repetition of the same kind of crime in the judgment, etc., it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure."

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