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(영문) 청주지방법원 2019.09.27 2019노1158
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is against all the criminal acts, and the Defendant does not want to be punished against the Defendant by mutual consent with the victim.

It seems that it was committed in an economically difficult situation due to the lack of health, and the amount of damage is not significant.

On the other hand, however, the number of crimes that intrude into a residential area at night is interviewed and dangerous and the nature of the crime is bad.

The Defendant had a number of previous crimes including imprisonment with prison labor, and in particular, committed the instant crime again during the period of repeated crimes of the same kind.

In addition, in light of the overall circumstances such as Defendant’s age, character and conduct, environment, and family relationship, and the fact that the lower court sentenced the lowest punishment within the scope of the term of punishment, taking account of the favorable circumstances for the Defendant, it cannot be deemed that the sentence imposed by the lower court is too heavy.

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

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