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(영문) 서울동부지방법원 2016.08.26 2016노776

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is divided and reflects his mistake, and it is recognized that his living conditions led to the crime, but the crime of this case was committed by the defendant, who intrudes upon the locking device of commercial buildings on five occasions and stolen cash. In light of the method and frequency of the crime, the crime of this case is serious.

Not only has the record of having been punished several times for the same crime, but in particular, on June 19, 2013, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes, and on October 24, 2014, after the execution of the sentence was completed, and committed the instant crime again.

In this regard, the sentence of the court below is not hot, in full view of various sentencing conditions that are shown in the records of this case, such as the defendant's age, sex, and environment.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.