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(영문) 서울북부지방법원 2018.09.07 2018노1045
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below is divided into the defendant's wrong facts, and the larceny of this case is in the relation between larceny for which the judgment became final and the concurrent crimes after Article 37 of the Criminal Act, and the relationship between the crime of larceny of this case and the crime of concurrent crimes after Article 37 of the Criminal Act should be considered at the same time. However, the defendant committed several larcenys during the period of repeated crimes, and the damage therefrom seems not to have been properly recovered. The defendant was already punished by larceny of this case, etc. even around 2016, and the defendant was already punished by the crime of larceny of this case and transferred the case to the juvenile protection case. The crime of this case was committed immediately after the release of this case. Considering all the circumstances such as the defendant's age, sexual behavior, family relationship, motive, means, result, etc., the defendant's punishment of this case cannot be accepted, and considering all kinds of sentencing circumstances such as punishment of this case, the defendant's assertion is not acceptable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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