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(영문) 서울동부지방법원 2017.06.22 2017노510

상습절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Determination of the amount of damage to the instant crime is relatively minor, and it is recognized that the Defendant led to an agreement with the victim in the first instance, and that the Defendant is against himself/herself while making a confession.

However, considering the fact that the defendant was sentenced several times of punishment due to the same crime, the defendant was released from prison and re-exploited only in the month in which he was in prison, and other various conditions of sentencing as shown in the arguments of this case, such as the defendant's age, sex, family environment, the circumstances and result of the crime of this case, etc., the court below's punishment is too excessive and unfair. Thus, the above argument by the defendant is without merit.

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.