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(영문) 서울중앙지방법원 2017.02.09 2016노4999
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized all of the crimes, and reflects the fact that the damage to the thief was returned to the victim, and that there was also a seizure of the damage from the crime of embezzlement of possession, the defendant has been punished five times of imprisonment with prison labor, two times of suspended sentence of imprisonment with prison labor, and six times of fine due to the thief, each of the crimes of this case was committed during the repeated period, and there is no special change in circumstances to change the sentence of the court below after the sentence of the court below was sentenced, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, including the defendant's age, environment, sex behavior, motive for the crime, and conditions before and after the crime, the defendant's assertion is not acceptable because the punishment imposed by the court below is too unreasonable.

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.

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