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(영문) 서울중앙지방법원 2016.07.15 2016노1344

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation penalty (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable;

2. It is recognized that the defendant is both aware of and against the facts of the crime, and that the victim wants to take the defendant's wife in agreement with the victim H when in the appellate trial, and that the defendant was found to have committed the crime of this case in the course of his living, and that there is a family member to support.

However, the Defendant had a history of being sentenced to one suspended sentence for the crime of robbery and one suspended sentence for each one time, and committed the same type of crime in spite of being punished by special larceny, etc. in 2014, which was committed again in spite of the repeated crime; the crime of the instant crime is not good; the crime of the instant crime is committed by two or more persons jointly into another’s residence; the number of times of the larceny crimes is not sufficient; the Defendant did not reach an agreement with most victims until the appellate court; the Defendant’s age, sexual conduct, environment, etc.; and the various sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, and the circumstances of sentencing, are considered, and it is not deemed unfair for the first deliberated punishment to be too excessive.

Therefore, the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.