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(영문) 전주지방법원 2016.02.05 2015노1731
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The facts that the Defendant led to the confession of the instant crime and reflects the mistake are considered favorable to the Defendant.

However, the crime of this case is committed by opening a cash storage box, such as a telephone exchange machine, a dust cleaning machine, etc., installed in a gas station, and bringing to the case in which the defendant committed the crime of this case, 3.59 million won through 44 times in order to steals or to steal. In light of the method, contents, frequency, etc. of the crime, there is a heavy nature of the crime, and the defendant has a record of criminal punishment several times due to the theft crimes, etc., the crime of this case was committed in the past three months after being sentenced to punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same Act, and the damage has not yet been recovered, and in consideration of all the sentencing conditions shown in the argument of this case including the defendant's age, character, family environment, etc., the punishment imposed by the court below is too unfair.

Therefore, the defendant's assertion is not accepted.

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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