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(영문) 서울중앙지방법원 2018.05.17 2018노255
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime and divided, seized part of the damaged articles, and returned to the victims, and expressed in the court below that the victim F and K did not want the punishment of the defendant, and there are circumstances to be considered in favor of the defendant, such as that the defendant compensateed the victim H and L for the damage and agreed with the above victims.

However, in full view of the following circumstances: (a) the Defendant committed a variety of crimes, including larceny, in the past and several times, and has been punished by imprisonment with prison labor; (b) the execution of imprisonment with prison labor as stated in the first head of the crime of the lower judgment was completed; and (c) again repeated the instant thief during the period of repeated crime; and (c) the damage therefrom was not fully recovered; and (d) other circumstances, such as the Defendant’s age, sex, criminal conduct, environment, details and result of the crime; and (e) the circumstances after the crime, which are the conditions for sentencing as specified in the instant records and arguments, are 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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