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(영문) 서울중앙지방법원 2016.03.10 2015노5019

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and three months of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case and reflects against the defendant, the damaged articles are foodstuffs, milk, bags, etc., and the total amount of damage is not significant, etc. are favorable to the defendant.

However, the Defendant committed each of the larceny crimes at A.M. and P.M. on the day when the Defendant was released from prison due to habitual larceny, as well as several times of criminal punishment due to habitual larceny.

In full view of all the circumstances that are conditions for sentencing as shown in the records and pleadings, including the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, even if considering the favorable circumstances to the Defendant, the lower court’s punishment cannot be deemed to be undue due to excessive circumstances.

Defendant’s assertion is without merit.

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