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(영문) 창원지방법원 2016.08.17 2016노1405
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. A favorable circumstance is that the Defendant’s recognition of the instant crime is against the Defendant, the amount of damage is not so significant, and the injured party has not been punished against the Defendant by a unanimous agreement with the victim.

However, even though the defendant had been punished for 11 times due to the same crime, the fact that the defendant committed the crime of this case during the period of repeated crime is disadvantageous.

Taking into account the following circumstances: (a) the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime; (b) the circumstances after the crime; and (c) the imprisonment with prison labor for one year sentenced by the lower court was determined to be mitigated to two years, which is the lowest statutory penalty; and (d) the conditions of various sentencing specified in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime; and (c) the imprisonment with prison labor for two years, which is the minimum statutory penalty, may not be deemed unfair

Therefore, the defendant's argument of sentencing is without merit.

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

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