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(영문) 의정부지방법원 2016.11.10 2016노2044
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant's health condition is not good and that the defendant has a family member(s) to support.

However, the Defendant committed the instant crime as long as he/she had completed the execution of imprisonment for the same kind of crime and was released therefrom (a repeated crime of the same kind), and it seems that he/she planned and technically committed the instant crime with the aim of committing the real estate brokerage office with the location of the principal offender as the objective of committing the crime.

The defendant did not agree with the victim so that he/she would be subject to trial.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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