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서울남부지방법원 2019.03.21 2018노2161
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and 4 months) by the lower court (e.g., imprisonment and 1 year and 4 months) is too unreasonable.

2. The Defendant acknowledges and reflects his mistake.

The elderly mother who is a person with a language disability in need of support is in need of support.

However, the defendant has been punished for the same crime such as larceny and violation of the Electronic Financial Transactions Act.

Each crime of this case was committed during the period of repeated crime.

The Defendant, while being tried to commit the theft and electronic financial transaction violation, has escaped without being present on the sentenced date, and thereafter, the Defendant committed the crime of larceny at night, which is highly dangerous in the method of crime and is not good in the nature of the crime.

The means of access transferred by the defendant was used for the Bosing crime, and the victim was incurred, and no damage recovery was made to the victims of the crime of larceny and robbery at night.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense, etc., the sentencing of the lower court cannot be deemed as being excessively unreasonable because it goes beyond the reasonable discretion.

The defendant's assertion of unfair sentencing is without merit.

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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