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(영문) 서울동부지방법원 2013.10.11 2013노737

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (the fine of KRW 3,00,000) imposed by the court below against the defendant is too unreasonable.

2. The judgment that the defendant recognized his mistake, the damaged goods were restored to the victim and the defendant agreed smoothly with the victim, and the defendant was sentenced to four months imprisonment with prison labor at the Seoul Eastern District Court on December 28, 2012 and 2013

3. 22. Although the crime of larceny, etc. for which judgment became final and conclusive and the crime of this case is in concurrent crimes under the latter part of Article 37 of the Criminal Act, there are conditions favorable to the defendant, the defendant has several times the history of criminal punishment for the crime of the same kind as this case, the crime of this case is committed during the repeated crime period after the defendant was sentenced to imprisonment with prison labor for other crimes, and the defendant seems to have committed the crime of this case on the ground that the defendant was injured in the course of transaction with the victim her her company, and it appears that he/she committed the crime of this case on the ground that he/she was injured in the course of his/her trade with the victim her her her company, taking into account the extenuating circumstances such as the motive and circumstance leading up to the crime of this case, the situation before and after the crime of this case, the age, character and conduct, occupation, occupation, and family relationship, etc.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.