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(영문) 서울동부지방법원 2014.01.17 2013노1354
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized his mistake, and the damage from each of the crimes of this case is not severe, but is favorable to the defendant, such as the fact that all stolen damage was returned to the victim. However, the defendant has a history of criminal punishment similar to 20 times as to larceny of the same kind as this case and interference with business, and the defendant committed each of the crimes of this case in the period of repeated crime for which 10 months have not elapsed since he was sentenced to imprisonment and released from prison for the same reason as this case, and 3 months have not passed since he was sentenced to punishment due to larceny, etc., each of the crimes of this case was committed again during the period of repeated crime, and the crime of interference with the duty of convenience store that the victim reported to the police and discovered again is not good. Considering the extenuating circumstances such as the motive and circumstance leading up to the crime of this case, the means and consequence leading up to the crime, the age, character and behavior of the defendant, occupation, family relation, etc., the punishment of the court below is too inappropriate.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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