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(영문) 서울남부지방법원 2016.04.08 2015노1941

폭력행위등처벌에관한법률위반(우범자)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment, confiscation) is too unreasonable because of the summary of the grounds for appeal.

2. Determination is that the degree of damage to each of the crimes of this case is not so significant, that the defendant recognizes and reflects his fault, and that the defendant is in an unsound growth process and family environment, etc. are factors for sentencing favorable to the defendant.

However, the fact that the defendant was punished for the same crime of fraud is 29 times, the fact that each of the crimes of this case was committed again during the period of repeated crime, and that he did not have any effort to recover damage is an element of sentencing unfavorable to the defendant.

In addition, considering the various circumstances, such as the defendant's age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below does not seem to be unfair because it is appropriate and too unreasonable.

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.