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(영문) 서울동부지방법원 2017.04.28 2017노341

야간주거침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one-year imprisonment with prison labor imposed by the lower court against the Defendant is too unreasonable.

2. The instant case is a case in which the Defendant embezzled a large number of victims' goods or embezzled objects of possession, and acquired property or pecuniary gains by using another person's check that embezzled as above.

In light of ① favorable circumstances, the lower court sentenced the Defendant to a sentence of one-year imprisonment with prison labor, taking into account the following: (i) the confession and reflection of all the instant crimes; (ii) the amount of damage is relatively small; and (iii) the fact that there was a history of punishment for the same kind of crime; (iv) the frequency of the crimes was large; and (v) the victims did not receive any tolerance from the victims; and (v) the

In general, the sentencing of the lower court seems to have been appropriately determined by fully considering these points, and it is difficult to find out other special circumstances to change the sentence of the lower court.

Ultimately, the defendant's argument of sentencing is without merit.

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