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(영문) 서울서부지방법원 2015.11.19 2015노1398

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment) is too heavy.

2. The judgment is the sentencing factor favorable to the defendant that the defendant recognized all of his criminal acts, the remaining thefts except cash have been returned to the victims, and the economic difficulties have led to the instant crime. The total amount of damage is not a relatively large amount of KRW 8,166,090, not a total amount of KRW 8,166,090.

However, the Defendant was sentenced to 8 months of imprisonment with prison labor on November 13, 2014 and completed the execution on May 21, 2015, and committed the instant crime 39 times for about 40 days under this title, and did not agree with the victims, and the Defendant was sentenced to two times of imprisonment with prison labor for the same kind of crime and had several records of punishment with fines.

In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct, family relationship, health condition, etc., the sentence of the court below cannot be deemed to be too unreasonable.

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.