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(영문) 서울북부지방법원 2015.04.23 2015노341

상습특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfair because the sentence imposed by the court below against the defendant (two years of imprisonment, confiscation) is too unreasonable.

2. The judgment of the court below is that although the defendant's mistake is recognized, the victim's damage amount caused by the crime of this case seems to be relatively minor. Among the damaged money and valuables of this case, the value was recovered from 1st century, the defendant did not seek work after his release, and it appears that the defendant was prevented from committing the crime of this case in order to maintain his livelihood, and the defendant has completed employment-related education while living in a prison and has lived faithfully with society in the future. However, the defendant has the same criminal history of suspension of execution of imprisonment, imprisonment with prison labor, punishment for each type of crime, and one month after the completion of the execution of imprisonment with prison labor for the same kind of crime, the defendant has already been sentenced to imprisonment with prison labor for more than 50 months, and the defendant committed the crime of this case more than 10 times during the period of repeated crime, and the victim's family relation was damaged or agreed to do so, and the defendant's motive, motive, and circumstances other than the victim's age before and after his imprisonment with prison labor.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the annexed list of crimes in the judgment below, it is clear that the victim "Y" in No. 7 in the annexed list of crimes in the court below is an error of "I", and the victim "Z" in No. 9 in the year is an error of "F", and therefore, it is in accordance with Article 25 (1)