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(영문) 서울고등법원 2015.07.09 2015노1266

상습절도

Text

The defendant's appeal is dismissed.

The list of crimes in attached Form of the judgment of the court below shall be corrected by the list of crimes corrected in attached Form.

Reasons

1. The sentencing of the court below (two years and six months of imprisonment) is too large and unfair.

2. It is recognized that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case and reflected, the defendant's economic difficulties led to the crime in this case, and the defendant's health conditions are not good.

However, the Defendant was sentenced two times to imprisonment (two years of imprisonment, one year and six months of imprisonment) with the same criminal act as the instant criminal act, and the Defendant committed larceny against many victims at least 26 times in a short term since one year has not passed since the execution of the final sentence was completed, and thus, the amount of damage is not sufficient, and there is little possibility that the victims may be recovered, and in light of other various circumstances that are the conditions for sentencing as indicated in the records, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant criminal act, and the circumstances after the instant criminal act, it is not recognized that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, as of February 3, 2015 and March 18, 2015 at the lower court, the prosecutor submitted an application for approval of changes to the bill of amendment to the bill of amendment from 23 times to 26 times, on the third day of the trial, and the application for approval of changes to the bill of amendment was withdrawn on February 3, 2015, and the application for approval of changes to the bill of amendment was filed on March 18, 2015, and the lower court permitted the application.

However, the court below set forth all the evidence on the 26th larceny, which is the facts charged modified in the summary of the evidence of the court below, and attached the attached list stating the defendant's 26th larceny.