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(영문) 서울중앙지방법원 2014.02.13 2013노4293

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than 10 months, 2 years of suspended sentence, 160 hours of probation, community service) of the court below is too unreasonable.

2. Although there are extenuating circumstances such as the fact that the defendant recognized his mistake and reflects the judgment on the grounds of appeal, and that the defendant made efforts for the repayment of damage, the defendant has been punished for the same kind of crime in the previous case, the number of crimes in this case has been high, considering the above favorable circumstances of the defendant, the court below seems to have determined the punishment in consideration of the above favorable circumstances of the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below, and other circumstances that form the conditions for the argument and the sentencing specified in the records of this case, such as the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and consequence after the decision of the court below was made, the defendant's assertion is not acceptable since the sentence imposed by the court below is too excessive.

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