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(영문) 서울중앙지방법원 2019.05.16 2018노2813

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The court below's punishment (five million won of fine) against the defendant in summary of the grounds for appeal is unreasonable.

2. However, the circumstances favorable to the defendant are that the defendant led to the confession and reflect of the crime of this case, the frequency of the crime is only twice, the total amount of damage does not exceed one million won, and all the victims agreed with the victim.

However, in full view of all circumstances such as the content of the instant crime, motive, circumstances after the instant crime, and the Defendant’s age, character and conduct, environment, family relationship, economic situation, etc., including the fact that the Defendant had been punished several times for the same kind of crime, and re-offendered again during the period of repeated crime due to the same crime, it does not seem that the lower court’s punishment against the Defendant is heavy.

On the other hand, the circumstances cited by the Defendant, which are favorable to the Defendant, have already been determined by the lower court by fully taking into account the circumstances, and there is no change in circumstances where the lower court should reduce the punishment.

3. The appeal by the defendant is dismissed.