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(영문) 서울동부지방법원 2014.12.19 2014노1548
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment was made in depth and against the defendant's mistake, and there were some favorable circumstances for the defendant, such as the fact that the defendant agreed with the victims and that the damage seems to have been almost recovered. However, each of the crimes of this case was stolen by the victim who was diving on the roads under the influence of alcohol, and the crime is not considerably good in light of the applicable applicable law and contents. The defendant committed the crime of this case even though he had been sentenced to 1 year and 6 months of imprisonment with prison labor due to habitual larceny in the same veterinary law around 2006, there are unfavorable circumstances such as the defendant committed the crime of this case. In addition, considering the motive, means and result of each of the crimes of this case, the circumstances after the crime, the age, character and conduct of the defendant, intelligence and environment of the defendant, etc., and the application of the sentencing guidelines of the Sentencing Committee of the Supreme Court, the above argument by the court below cannot be accepted.

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

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