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(영문) 수원지방법원 2016.03.31 2016노474
상습특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal by the Defendant and his defense counsel (unfair sentencing) is against the Defendant’s mistake; (b) the Defendant committed the instant crime due to economic circumstances; (c) some victims committed the instant crime; and (d) some of the damaged items were returned to the Defendant; and (e) the Defendant must support the Defendant’s annual mother and the Defendant’s mother who have led to a bad health, the sentence of the lower court that sentenced two and half years to imprisonment is too unreasonable.

2. The judgment of the Defendant continued to commit the larceny even after having been punished several times of imprisonment with prison labor, and there was a record of having been sentenced to punishment three times since 2008, and the Defendant committed the instant larceny under the same law repeatedly during the repeated repeated period for which more than six months have not passed since the execution of imprisonment with prison labor was completed on April 9, 2015 due to habitual larceny; the victim E, and products damaged by G were returned to the victim, and the damage was recovered; in light of the fact that damage was not recovered for the remaining victims; and considering all the sentencing conditions of all the sentencing as shown in the records and arguments of the instant case including the Defendant’s age, sex, environment, motive, means and method of the commission of the crime, and the circumstances after the crime, the above assertion is without merit, and thus, it is not unreasonable for the court below to have imposed the sentence, even if considering the circumstances alleged in the grounds for appeal.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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