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(영문) 서울동부지방법원 2017.08.25 2017노819
절도
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, it is unfair that the court below’s four-month punishment of imprisonment with prison labor, which the court below decided against the defendant, is too unreasonable.

2. In full view of ① favorable circumstances, the lower court sentenced the Defendant to the same punishment as indicated in the above 1. Paragraph (1) above, comprehensively taking account of the following: (a) the Defendant was led to the confession and rebuttal of the Defendant; (b) the victim did not want the Defendant’s punishment; (c) the Defendant had been punished several times due to larceny; and (d) the Defendant committed the instant crime without being aware of the fact that he was punished several times during the period of repeated crime due to the same kind of crime; and (e) the Defendant was punished by a fine even

In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.

In the end, the defendant's argument of sentencing is not acceptable.

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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