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(영문) 서울중앙지방법원 2018.11.16 2018노2591
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 (4 months of imprisonment) is too unreasonable.

2. The judgment of the defendant shows the form that the defendant recognized the crime of this case and reflected, the amount of damage is relatively small, there is no profit that the defendant acquired, and the defendant paid 50,000 won as the compensation for damage change to the victim.

However, it is inevitable that the defendant, who has five times or more criminal records due to the same theft crime, committed the crime of this case during the period of repeated crime of the same kind, and since he did not agree with the victim, a sentence of imprisonment against the defendant is inevitable.

In addition, in the instant case where there is no change in the sentencing conditions that can be considered particularly when it comes to the first instance trial, taking into account various circumstances, such as the Defendant’s age, sex, environment, health condition, family relationship, motive, means and consequence of the crime, etc., as indicated in the record, it is difficult to see that the lower court’s punishment is too unreasonable because it is too unreasonable, and the Defendant’s assertion is without merit.

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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