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(영문) 서울중앙지방법원 2015.08.20 2015노2731
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court to the accused (five months of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below committed the crime of this case during the period of suspension of execution, even though the defendant had been punished several times for the same crime, and the crime of this case was committed by the defendant who did not help the victim in a dispute with the owner of the building, and the nature of the crime is not good, and even up to now, there is no effort to recover the victim's damage. In full view of all the sentencing conditions specified in the arguments of this case, including the defendant's age, character and conduct, the background and consequence of the crime of this case, and the circumstances after the crime, etc., even if considering the circumstances of the defendant's assertion, it cannot be said that the sentence of the court below is too unreasonable.

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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