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(영문) 서울남부지방법원 2015.08.28 2015노935

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

The main point of the defendant's grounds for appeal is that the punishment for six months sentenced by the court below is too unreasonable in light of the circumstances such as the defendant's oppositeness, uneasiness, suffering from uneasiness, and partial damage is recovered.

In light of the circumstances alleged by the Defendant, the frequency of the instant crime is up to seven times; each of the instant crimes is inferior to the nature of the crime due to the larceny by conclusive intentional act; the Defendant was punished by a fine for fraud prior to the instant crime; special larceny among the instant crimes is punished by imprisonment with prison labor for not less than one year but not more than ten years; and six months, which have been sentenced by the lower court, was sentenced to the minimum punishment after discretionary mitigation; and other various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and circumstances after the commission of the crime, etc., are considered, and the sentence imposed by the lower court is appropriate, and it is not unreasonable to deem it unduly unreasonable.

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