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(영문) 창원지방법원 2018.08.22 2018노1340
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be three years);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court: (a) committed each of the crimes in its ruling, even though the Defendant had already been sentenced to five times to imprisonment or imprisonment with prison labor (the highest two and a half years), and committed each of the crimes in its ruling; (b) the Defendant began to commit each of the crimes in its ruling since four months have not yet passed since the execution of imprisonment with prison labor was completed before May 12, 2017; and (c) committed each of the crimes repeatedly with similar several methods over 11 times in total before the lapse of six months thereafter; and (d) the Defendant was unable to completely recover from the victims of each of the crimes in its ruling; and (e) took into account the favorable circumstances, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the crime, etc., the sentence was determined by comprehensively taking into account the following factors: (a) the Defendant appears to reflect his/her fault; and (b) the sentence was determined by taking into account

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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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