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(영문) 서울중앙지방법원 2016.05.13 2016노43
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation punishment (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection and the community service time) on the summary of the grounds for appeal is too unreasonable; and

2. In light of the judgment, the Defendant is the primary offender, and most of the victims have agreed to or recovered from damage, and there are favorable circumstances for the Defendant.

However, the defendant from April 2015 to the same year.

8. Up to 21 times the instant crime was committed; the method of commission of the instant crime was inferior due to the intrusion on the structure at night, and the commission of the crime was committed; the Defendant’s allegation is without merit, on the ground that the Defendant’s request for detention warrant was dismissed and released after having been investigated by an investigative agency on April 2015 and the request for detention warrant was dismissed; the Defendant again committed several larcenys; and on the other hand, taking into account all the conditions of the pleadings and the sentencing indicated in the record, such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime, etc.

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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