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(영문) 서울동부지방법원 2015.12.24 2015노1118
상습특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months sentenced by the court below is too unreasonable.

2. There are extenuating circumstances, such as: (a) the Defendant’s erroneous recognition of all the grounds for appeal is divided; (b) the injury is relatively minor; (c) the maintenance of livelihood through the former part of a recipient of a basic living security who is a recipient of a basic living security, etc.; and (d) some victims expressed their will to take the Defendant’s wife against the Defendant.

However, for a short period of time, the Defendant was not less and less punished by imprisonment, etc. for the same kind of crime, such as cutting off the locking devices of the victims' stores over several times, and theft of cash, and not only has the history of having been punished by imprisonment, etc. over several times for the same kind of crime, but also has the history of committing the instant crime again during the repeated crime period due to the same kind of crime, the damage has not been recovered, and considering the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate and it is not deemed unfair

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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