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(영문) 서울중앙지방법원 2018.08.17 2018노1232
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment, and the return of the victim of seized articles) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes and reflected, etc. is favorable to the Defendant.

However, the Defendant was not only punished several times for the same crime, but also repeated again during the period of repeated crime for the same crime (the Defendant was sentenced to imprisonment with prison labor for larceny; the Defendant committed larceny under several laws such as larceny during the period of parole while being released from prison with prison labor for larceny, and was sentenced to suspended execution, and was currently under suspended execution as he was sentenced to imprisonment with prison labor for the same crime). The Defendant did not take measures to recover damage, such as repayment of damage, even though the total amount of damage amount exceeds approximately KRW 12 million, and there is no change in circumstances that make it possible for the lower court to change the sentence in the appellate trial, and even if comprehensively considering all the conditions of sentencing as shown in the records and changes theory, the Defendant exceeded the scope of reasonable discretion by making it too difficult for the Defendant to be sentenced to imprisonment with prison labor, and thus, exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, 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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