beta
(영문) 서울북부지방법원 2015.09.16 2015노1074

상습절도

Text

The defendant's appeal is dismissed.

Part 2 of the order of the judgment of the court below shall be referred to as "No. 15".

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one and half years of imprisonment and confiscation) is too unreasonable.

2. The judgment of the court below seems to have caused the crime of this case to be committed in order to raise funds for the wife with disability 3 and father's hospital who suffers from dementia. The crime of this case was committed immediately after arrest and seizure of all damaged money and goods in the act of committing the crime of this case, and there are no extenuating circumstances such as the fact that the victim was temporarily restored. Meanwhile, the defendant had been already punished for larceny, etc. on several occasions. On November 1, 2013, the Seoul Central District Court sentenced 8 months of imprisonment with prison labor for the crime of violation of the Punishment of Violence, etc. Act (a deadly weapon, etc.) at the Seoul Central District Court on May 7, 2014 and sentenced 8 months of imprisonment with prison labor for the crime of this case on the ground that the execution of the punishment of this case was completed on May 7, 2014, and it was found that the thief crime of this case was committed in the same manner as the victim was committed, and the circumstances and method of the crime of this case are not considered as the victim's age.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The part of the judgment of the court below, which clearly states a clerical error, shall be corrected ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure