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(영문) 서울중앙지방법원 2015.11.26 2015노3877
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to each crime of mistake of facts in the judgment of the court below [2015Sang4186], the Defendant did not use the victim F’s debit card by theft.

B. The sentence of the lower court on the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant stolen the victim F's debit card and purchased goods at the convenience store, etc. using it as stated in the judgment of the court below, thereby deceiving the property and using the stolen debit card.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the Defendant’s past record of the judgment on the assertion of unfair sentencing, even though the Defendant had been punished several times as a single crime, the Defendant repeated the instant crime during the period of repeated crime, and even up to now, did not make efforts to recover the victims’ damage, and other factors of sentencing as indicated in the instant argument, including the Defendant’s age, character and conduct, the background and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

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

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