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(영문) 서울동부지방법원 2016.12.28 2016노1693

점유이탈물횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment is recognized that the defendant's living conditions led to the crime, and his mistake is pened and reflected, but the crime of this case is committed by the defendant, even though it is recognized that the defendant invadeds another person's residence at night or at night, and stolen or attempted to steals goods, and embezzled other person's goods on several occasions, and the nature and circumstances of the crime are more serious in light of the number of crimes and the frequency.

Defendant has been sentenced to punishment several times for the same crime, and in particular, on May 7, 2015, sentenced one year and four months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on June 28, 2015, and committed several crimes again.

In this regard, the sentence imposed by the court below is not heavier in full view of various conditions of sentencing, such as the defendant's age, character and conduct, and environment.

3. The defendant's appeal 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.