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(영문) 서울동부지방법원 2015.06.25 2015노546

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four years of imprisonment) shall be excessively unreasonable.

2. The judgment of the Defendant is the circumstance favorable to the Defendant, such as the confession and reflect of all of the instant crimes; the disabled class 2 with hearing disability and the health conditions of the Defendant due to diseases such as aftermathy and urology due to traffic accidents; and the 10-time crimes among the entire crimes are committed on the part of the Defendant.

On the other hand, the defendant committed the crime of this case again without being aware of the fact that he had been punished twice as well as two times due to the same crime, and the defendant committed the crime of this case repeatedly over 115 times for more than eight years, and the defendant committed the crime of this case, since the amount of damage caused by the crime of this case is large and a large number of victims have occurred, most of the crimes were committed because most of them did not recover from damage, and all of them did not occur, and the crime was committed in intrusion upon another person's residence, and most of them used specialized criminal acts such as destroying corrective devices or crime prevention windows using tools such as Raber, etc., which are disadvantageous to the defendant, and the nature of the crime is very poor. Thus, if we consider all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., as shown in the argument of this case, the sentence of the court below is too unreasonable.

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.