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(영문) 수원지방법원 2020.02.13 2019노7353
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Recognizing that circumstances are recognized, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, and that the Defendant appears to have committed the instant crime due to economic difficulties, and that property damage was not significant, this seems to have already been considered in the sentencing of the lower court.

In addition, the crime of this case was committed by the Defendant by intrusioning on a restaurant twice, stolen cash, and embling one check card that far far far far far away from the way. In light of the method and content of the crime, etc., the crime was considerably poor in light of the method and content of the crime, the Defendant cannot find any trace of endeavoring to recover damage, and there was a history of criminal punishment for the Defendant several times for the same crime, and in particular, seven months have not passed since the Defendant was sentenced to criminal punishment for the same crime due to the crime of intrusion upon night buildings, etc., and the punishment of the crime of this case was commenced in the past, the equity of sentencing with the same and similar incidents, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

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

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