beta
(영문) 서울중앙지방법원 2016.01.28 2015노4567

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant include: (a) there was no history of the judgment that the defendant was punished by a fine exceeding the fine; (b) most damaged materials were returned to the victims; (c) the victim N and only agreed in the trial; and (d) his mistake is divided.

However, the Defendant was punished for the same kind of crime. The instant crime was committed by theft and stolen credit cards, etc. at places frequently used by the general public, such as bathing beaches or parks, and the nature of the crime is poor, and the commission of the instant crime was committed against many victims in a short period, and the amount of damage therefrom was not specified, and there was no agreement with most victims, and the Defendant’s age, sexual conduct, environment, the course and consequence of the instant crime, and all of the sentencing factors indicated in the instant arguments, such as the circumstances after the crime, etc., it cannot be deemed unfair because the lower court’s punishment is too excessive.

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.