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(영문) 서울북부지방법원 2018.09.14 2018노1097

횡령등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. The judgment below rendered a sentence of imprisonment with prison labor for the defendant, considering the circumstances that are favorable to the defendant who committed the crime of this case, it is highly dangerous for the defendant to be punished for larceny by intrusion upon another's residence by means of providing the defendant with the vehicle of female friendly district living together as a security, having received money, having been punished several times for the larceny crime, having been committed several times for a long time, having been involved in larceny over several times at night, cutting the gas pipe at night, and breaking the gas pipe at night, etc., and having a high risk of thief, the victim's theft is not small, the victim's loss cannot be measured by economic and mental damage cannot be measured, and the peace and stability of residence is completely broken, in consideration of the need for proper punishment against the defendant.

In light of the sentencing conditions acknowledged by the court below, the sentencing of the court below seems to be within the scope of reasonable discretion, and there is no change in the conditions of sentencing compared to the court below (no circumstance exists in which the defendant recovered the damage), and the sentencing of the court below cannot be deemed to be unfair because it is too large.

3. According to the 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.