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(영문) 수원지방법원 2014.03.20 2014노293
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is against the defendant's mistake and divided into two parts, and the health and economic conditions are not good. However, even though the same criminal conviction was committed not less than six times, it resulted in the crime of this case, even though the amount of damage was not written, the damage was not recovered, and the victim did not agree with the victim. The judgment below's punishment is the maximum punishment within the range of punishment which has been mitigated as to the statutory punishment, and it does not seem that there are other circumstances for the defendant to postpone the execution of punishment, and considering other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, as shown in the records and arguments of this case, it cannot be deemed unfair because the defendant's punishment against the defendant is too excessive.

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

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