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(영문) 서울북부지방법원 2015.08.28 2015노980

상습절도

Text

The defendant's appeal is dismissed.

On the 1st page of the judgment of the court below, "K" is deemed to be "L".

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment, confiscation) is too unreasonable.

2. The judgment can be taken into account: (a) the confession of a criminal body committed by the Defendant in a difficult situation; (b) while the Defendant has the record of having been punished five times as a crime of the same kind of criminal record; and (c) the instant case (the occurrence from June 2014 to March 25, 2015) committed a repeated crime in the immediately preceding year within three years from the time when the Defendant completed the prison term of imprisonment ( October 20, 2012) (the period from June 201 to March 25, 2015) and thus, the criminal liability is very heavy; (c) the victims request punishment due to the failure to recover damage; and (d) the victims request punishment; and (e) other various sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, family environment, etc., that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. Therefore, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to do so, and the decision of the court below is delivered with a decision to correct the obvious error in the court below's decision under Article 25