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(영문) 의정부지방법원 2016.08.11 2016노1327
절도
Text

The defendant's appeal is dismissed.

Reasons

The sentence (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

It is recognized that the amount of damage of this case is relatively minor.

However, the defendant committed the crime of this case even during the period of repeated crime due to larceny, etc., and did not agree with the victim or recover damage until the trial of the party.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the lower court cannot be deemed to have excessively exceeded the lower limit of the above recommended sentence scope and thus unfair.

Therefore, the defendant's assertion is without merit.

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

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