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(영문) 서울동부지방법원 2014.12.18 2014노1413

절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to sentencing are the following: (a) the Defendant recognized all of the instant crimes; (b) the damage caused by the instant crime is relatively minor; and (c) the damage amount appears to have been returned to the victims, etc.

However, even though the defendant had been punished twice by a fine for the same kind of crime in 2011, he/she again repeated the crime of this case. In particular, the defendant was arrested and released on August 28, 2014 as a larceny (crime No. 1-A) and thereafter committed the remaining crime only three days after he/she was arrested and released, and did not agree with the victims until he/she was in the trial, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, all of the circumstances after the crime, etc. do not determine that it is improper to the extent that the sentence imposed by the court below should be reversed.

The defendant's assertion of unfair sentencing is without merit.

3. Accordingly, 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 groundless. It is so decided as per Disposition