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(영문) 서울중앙지방법원 2016.01.21 2015노4349

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. The Defendant’s confession and reflects each of the crimes of this case, and the fact that the victims suffered from the theft during the crime of this case were recovered, etc. is favorable to the Defendant.

However, the Defendant had a record of criminal punishment, including criminal conviction for the same crime, and committed each of the crimes of this case during the period of repeated crimes. Considering that the attitude of each of the crimes of this case is not only various aspects such as theft of vehicles, driving without a license, use of physical card without permission, loan, fraud, intrusion upon residence, and special larceny, but also poor quality of each crime, and that the Defendant has no effort to recover from damage, it is inevitable to punish the Defendant with severe punishment.

In full view of the aforementioned circumstances and the various circumstances, including the Defendant’s age, sex, environment, motive and background of a crime, degree of damage, and circumstances after a crime, etc., and the sentencing conditions specified in the arguments, even if considering the favorable circumstances for the Defendant, the sentence imposed by the lower court cannot be deemed unfair due to the absence of the sentence imposed by the lower court.

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.