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(영문) 서울남부지방법원 2017.02.03 2016노622
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is unfair because it is too unreasonable.

2. Determination ① The Defendant recognized the instant crime and the age of 73 years old, and the fact that the damaged goods of the instant crime were immediately returned to the victim at the site of the instant crime (the 16th page of the evidence record) is favorable.

② However, in full view of the following circumstances: (a) the Defendant was subject to a fine of KRW 2 million for larceny in 2013; (b) there was no change in circumstances that may additionally be reflected in the sentencing after the lower judgment was sentenced; and (c) other circumstances that conditions for sentencing, such as the circumstances leading to the instant crime, means, results, and the circumstances after the instant crime, etc., the sentence of the lower court cannot be deemed to be unfair because the sentence is too unreasonable.

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.

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