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(영문) 서울중앙지방법원 2014.07.03 2014노1607
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court’s sentencing (a fine of KRW 300,000) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant made a confession of all the crimes of this case, and the Defendant has not been punished by imprisonment without prison labor or any heavier punishment since 1995, and the Defendant has compensated for the amount equivalent to 41,000 won from the crime of this case at an investigative agency and has agreed smoothly with the victim (the 22 pages of the investigation record), and that the victim has not been punished for the Defendant, and that the Defendant is economically and sufficiently unsured.

However, in full view of the following circumstances: (a) the lower court already determined the sentence in consideration of the above circumstances favorable to the Defendant; and (b) there was no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; and (c) the Defendant’s age, character, character, environment, motive and background of the offense, means and method of the offense; and (d) other circumstances that form the conditions for sentencing as indicated in the present arguments and the record, such as the circumstances after the commission of the offense, it is not recognized that

3. Conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

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