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(영문) 서울동부지방법원 2015.11.20 2015노1253

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor and two months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant is both aware of the crime and reflects the mistake in depth, the defendant seems to have committed the remaining crime economically difficult, and that the amount of irrecoverable damage is small in size.

However, in full view of the following circumstances: (a) the crime of this case was committed by destroying and damaging part of a restaurant at night, thereby thefting or committing attempted money and valuables; (b) the Defendant was sentenced two times to imprisonment for the same kind of crime; and (c) the Defendant committed the crime without being aware of the fact that the crime of this case was committed even though it was committed a repeated offense; (d) the circumstances suggesting the change of the sentence of the lower court was not presented in the trial; and (e) other various circumstances that form the conditions for sentencing, such as the Defendant’s age, career, and health, the sentence

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