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(영문) 서울북부지방법원 2018.04.27 2017노2257
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too large and unfair (the Defendant withdrawn his assertion of mistake as to facts on the date of the first trial in the first trial in the first trial in the first trial in the first trial in the first instance in the first instance in the first instance in the second instance in the second instance in the second instance).

The victim recovered all stolen goods and expressed his/her intention that the defendant does not want to be punished during the trial of the court below.

There is no history of criminal punishment against the defendant for the same crime.

All these points are favorable to the defendant.

On the other hand, the crime of this case was committed before the lapse of one month since the suspended sentence was sentenced due to the crime of this type.

The judgment below

There are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., and the sentencing conditions indicated in the record, the sentence imposed by the lower court is too heavy.

Since the defendant's argument of sentencing cannot be seen as reasonable, there is no reason.

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

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