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(영문) 서울남부지방법원 2016.04.15 2015노1094

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is unfair, because it is excessively unreasonable.

2. According to the records, it is recognized that ① the defendant agreed with the victims, the victims do not want the punishment, and the defendant is a beneficiary of living benefits under the National Basic Living Security Act.

② However, on August 26, 199, the Defendant was sentenced to a total of six times of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court, which was sentenced to a total of one year and six months of imprisonment with prison labor, was sentenced to a suspended sentence once for the same crime, and was sentenced to a four times of imprisonment with prison labor, and the Defendant was sentenced to a five-year imprisonment with prison labor for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (special rape, etc.) at the Seoul High Court on March 24, 2006, and committed the instant crime on two occasions during the period of repeated crime after the execution of the said punishment was completed, and (3) taking into account all other circumstances, such as the motive, means, results, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because the sentence is too excessive.

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