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(영문) 서울동부지방법원 2015.10.30 2015노996

상습특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the judgment is that the defendant committed all crimes and reflects the mistake in depth, and that the remaining crimes are deemed to have been committed economically difficult, that there is no record of the same kind of crime, and that some victims deposited the amount equivalent to the amount of damage.

However, in full view of the following circumstances: (a) the instant crime committed by intrusion upon a residence jointly or independently with an accomplice and thus, constitutes a theft or attempted crime; (b) the nature of the relevant crime is grave; (c) the total amount of damage reaches KRW 61 million; (d) the instant crime committed without being aware of the crime even though it was committed as a repeated crime; (b) the victims did not receive any tolerance from the victims; and (c) most damage was not recovered; and (d) the Defendant’s age, career, family relationship, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.