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(영문) 서울북부지방법원 2015.10.29 2015노1548
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 (five months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant's mistake was recognized, it seems that the defendant committed the crime of this case in a contingent manner under the influence of alcohol, damage has already been temporarily returned to the victim and the victim expressed his intention that the defendant does not want the punishment of the defendant; however, the defendant had been punished by imprisonment, a suspended sentence of imprisonment and a fine for the same kind of crime as the crime of this case, and the crime of this case has already been committed several times due to a crime of the same kind as the crime of this case, although the defendant was sentenced to a suspended sentence for one year, he was sentenced to a suspended sentence for two years, and he again committed the crime of this case without being informed of the fact that the defendant committed the crime of this case within six months from the time the judgment became final and conclusive, and other various circumstances that are the conditions of sentencing as shown in the records such as the situation before and after the commission of the crime of this case, the defendant's age, character and behavior, environment and occupation.

3. As such, 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.

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