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(영문) 서울중앙지방법원 2019.01.31 2018노3528

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) imposed by the court below is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized each of the instant crimes, and thereby reflects his/her mistake; (b) the Defendant appears to have influenced his/her symptoms of respect for alcohol and stimulative disorder to a certain extent; and (c) the Defendant did not have any criminal record exceeding the fine.

However, each of the crimes of this case committed by the Defendant continuously stolen another person's goods from May 2018 to August 2018, 2018, or committed violence, etc. against him/her. Therefore, the nature of the crime is very poor, the number of victims is considerable and the physical damage is not much significant, and the damage is not completely recovered except that part of the theft goods have been temporarily returned, and there are many kinds of records that the Defendant was punished for the same violent act as the instant case.

In light of the above circumstances favorable or unfavorable to the defendant, there is no change of circumstances that can be newly considered after the pronouncement of the lower judgment, and the overall sentencing conditions, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, which were revealed in the records and arguments of this case, are too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.