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(영문) 서울북부지방법원 2016.06.03 2016노263

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. There is no significant change in circumstances that may consider the sentencing of the defendant after the judgment of the court below.

The victims of theft do not want punishment by considering the circumstances of the defendant, and there is a circumstance that the defendant has an intellectual disability.

However, considering the facts alleged by the Defendant on the grounds of appeal, even if all of the circumstances alleged on the grounds of appeal are considered, it cannot be deemed that the lower court’s punishment against the Defendant who repeatedly committed the same offense during the period of suspension of execution is unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.