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(영문) 서울남부지방법원 2016.10.07 2016노444
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s sentence (three million won of a fine).

2. Determination ① The fact that the Defendant recognized the instant crime, the damage caused by the instant crime appears to have been returned to the victim (Evidence No. 11 pages), the victim expressed his intent not to have the Defendant punished at the investigation stage, and the fact that the Defendant appears to be not in good economic situation as a recipient under the National Basic Living Security Act (No. 15 pages of the trial record) is favorable.

② However, in full view of the following circumstances: (a) the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of attempted special larceny in 1999 and two years of suspended sentence; (b) was sentenced to four years of imprisonment with prison labor for rape and bodily injury in 201 and completed the execution of the sentence on May 3, 2015; (c) the Defendant committed the instant crime during the repeated crime period after having been sentenced to imprisonment with prison labor for rape in 201; (d) the Defendant denied the instant crime in the initial police; (c) there is no change of circumstances that may additionally be reflected in sentencing after the pronouncement of the lower judgment; and (c) there is no other change of circumstances that may serve as the condition for sentencing, such as the background, means, results, and the circumstances after the

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

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