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(영문) 서울중앙지방법원 2017.01.19 2016노4666
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. In full view of the following: (a) the Defendant had a history of criminal punishment several times due to the same crime; (b) the Defendant committed the instant crime without being convicted of the suspension of the execution of imprisonment for the same kind of crime; and (c) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment was rendered; and (d) all of the sentencing conditions stated in the records and theories of the instant case, including the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime; and (b) the degree of damage in the instant case’s injury is large; (c) the degree of the Defendant’s participation is minor; and (d) the Defendant’s mistake and reflects the Defendant’s favorable circumstances that are favorable to the Defendant, even if the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion,

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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