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(영문) 서울동부지방법원 2015.04.02 2014노1763

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (a fine of KRW 500,000) is excessively unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s confession and reflection of the instant crime; (b) the health of the Defendant is not good; and (c) the amount of damage is a relatively small amount.

However, in light of the fact that the Defendant again committed the instant crime without being well aware of multiple criminal records, such as the same and two previous criminal records, and the failure to agree with the victim and the failure to take measures for the recovery of damage, etc., which are disadvantageous to the Defendant. In light of such circumstances and other various sentencing conditions under Article 51 of the Criminal Act as indicated in the argument of the instant case, such as the Defendant’s age, character and conduct, and environment, it does not seem that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.