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(영문) 서울중앙지방법원 2014.03.13 2014노96

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, confiscation and collection 300,000 won) is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant’s misjudgments the Defendant’s mistake in depth; (b) the Defendant agreed with the Victim F; (c) the Victim D’s KRW 650,000 and the Victim E, respectively, deposited KRW 385,000 in the future.

However, the Defendant had already been punished three times for the same kind of crime. In particular, on November 5, 2002, after having been sentenced to imprisonment of eight years and six months due to a special robbery on November 5, 201, the Defendant again committed the instant crime during the repeated crime period after the enforcement of the sentence was completed on November 5, 2010. Of the instant crime, the special larceny committed the instant crime against female at night, not only the risk is high, but also the frequency of the crime. The lower court has determined the sentence by taking into account the above circumstances favorable to the Defendant, and there was no change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and in full view of other various circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the Defendant’s assertion that the sentence imposed by the lower court is unreasonable since it was excessively unreasonable.

3. 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.