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(영문) 창원지방법원 2018.08.22 2018노905
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Improper sentencing of the summary of the grounds for appeal (the sentence of the court below: Imprisonment with prison labor for the crimes specified in paragraphs 1 through 6 of the list of crimes as shown in the judgment below, for four months of suspended execution, two years of suspended execution, and for the crimes specified in Articles 7 through 19 of the list of crimes as shown in the judgment below)

2. The lower court determined that: (a) under the circumstances that the Defendant was detained due to larceny in 2017 and was released by a suspended sentence of imprisonment with prison labor; (b) the Defendant again committed the thief in this case without being aware of the fact that the Defendant was detained due to larceny in 2017 and was released; (c) the method of committing the thief in this case by destroying the theft prevention device; (d) the frequency and amount of the thief in the commission of the thief; (e) the frequency and amount of the thief in the commission of the thief; (e) the Defendant did not properly recover damage; and (e) the Defendant did not agree with the victims; and (e) the Defendant did not repeat the same mistake with the recognition of each of the instant offenses; and (e) the Defendant actively participated in the investigation of the investigative agency; and (e) took into account the favorable circumstances that some of the goods were recovered and returned to the victim; and (e) equity in the judgment at the same time, the Defendant’s history, age, and motive, motive, motive, and motive of the instant crimes, etc.

The grounds for unfair sentencing (such as the health status of the defendant's dependent, the fact that the defendant is against the crime of this case) alleged by the defendant are shown to have been sufficiently taken into account in determining the punishment of the defendant, and the above conditions of sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and when considering the above sentencing conditions, the court below's punishment is within the reasonable scope of its discretion.

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