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(영문) 서울중앙지방법원 2018.05.03 2017노4452
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) in light of the various circumstances of the instant case, it is unfair that the lower court’s sentence against the Defendant is too unreasonable.

2. The judgment of the defendant recognized each of the crimes of this case, against his mistake, and ordered the victims to immediately return all damaged articles. However, the defendant was subject to criminal punishment for the same kind of crime several times. In particular, on September 7, 2016, the defendant committed each of the crimes of this case on November 21, 2016, even though he was sentenced to four months of imprisonment for the crime of embezzlement at the Seoul Central District Court on September 7, 2016 and again committed each of the crimes of this case on November 21, 2016, even after the execution of the punishment was completed, even during the repeated offense period, and taking full account of the defendant's age, sexual behavior, family relationship, occupation, and circumstances after the crime, and other various circumstances, which are the conditions for sentencing as specified in the records and arguments of this case, the sentence imposed by the court below is too unreasonable, and thus the defendant

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.

[Provided, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “, July 22, 2016,” which read “as of July 22, 2016,” to read “ September 7, 2016,” will be amended.”

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