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(영문) 서울동부지방법원 2016.10.28 2016노1331

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In light of the fact that the damage of the instant crime was relatively minor, and that the Defendant agreed with the victims when the Defendant was in the first instance trial, the fact that the Defendant was punished for larceny can be considered as the sentencing materials favorable to the Defendant. However, the Defendant could have been punished for larceny. The Defendant reached six times only after 2012, and other factors of sentencing indicated in the record of the instant case, such as the Defendant’s age, character and conduct, even if considering the above favorable sentencing materials, the sentence imposed by the lower court is not heavier.

3. The defendant's appeal 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.