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(영문) 서울북부지방법원 2015.08.13 2015노691

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (each of the crimes listed in the annexed list of crimes in the original judgment: Imprisonment with prison labor for 4 months and a year of 5 to 7 of the same Table: Imprisonment with prison labor for 4 months and forfeiture) is too unreasonable.

2. Although the decision of the court below was made, the defendant's mistake was recognized in depth and living conditions were very difficult, and the victim F and H already expressed their intention not to be punished at the investigation stage (However, the victim F expressed their intention not to be punished after being damaged due to the crime listed in No. 2 in the annexed list of crimes in the decision of the court below, and did not express their explicit opinion as to whether the defendant wishes to be punished after being damaged due to the crime listed in No. 6 in the same Table). Since each crime listed in No. 1 through No. 4 in the annexed list of crimes in the decision of the court below in the judgment of the court below is in a concurrent crime listed in the latter part of Article 37 of the Criminal Act with larceny listed in the annexed list of crimes in the judgment of the court below where the judgment of the court below became final and conclusive, each of the above crimes should be sentenced to imprisonment with prison labor or imprisonment with prison labor for several times as stated in the annexed list of crimes in the judgment of the court below, and the defendant has not been punished again during the suspended execution period of punishment or suspended execution of punishment of punishment of punishment of each of this case.