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(영문) 서울동부지방법원 2015.06.11 2015노451

상습특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) shall be too unreasonable, due to the gist of the grounds for appeal.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of all of the instant crimes; (b) the two larcenys committed during the instant crimes; (c) one of the victims was not punished against the Defendant; and (d) the health of the Defendant was not good.

On the other hand, the defendant committed the crime of this case again without being aware of the records of punishment several times due to the same crime; some crimes committed during the period of repeated crime due to the same crime; most of the crimes committed by cutting the crime of crime of the victim's residence and intrusion upon his residence; they stolen property after cutting off the crime of crime of the victim's residence; the crime is not good; even if the amount of damage is not significant, the damage was not agreed with the victims; and there was no measure to recover the damage; etc., which are disadvantageous to the defendant. Thus, if considering all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence, etc. as stated in the argument of this case, such circumstances and other circumstances, as well as all of the sentencing conditions under Article 51 of the Criminal Act after the crime

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