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(영문) 서울중앙지방법원 2018.11.16 2018노2611
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination is recognized that the Defendant appears to have not good health conditions, such as the Defendant’s confession and reflective attitude of the instant crime, and the Defendant suffered from pinson’s disease, and agreed with the victim.

However, in full view of the fact that the Defendant had been punished several times for the same kind of crime in the past, there are no special circumstances or changes in circumstances that may be newly considered in sentencing in the appellate court, and other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the lower court’s punishment appears to be within a reasonable and appropriate scope and cannot be deemed unfair.

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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