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(영문) 서울중앙지방법원 2015.08.27 2015노2431
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months, confiscation) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s depth and reflects the instant crime; and (b) some of the circumstances that may be considered in the motive for the instant crime are favorable to the Defendant.

However, even if the Defendant had already been sentenced several times of punishment due to the same crime and completed the prison term, the Defendant began to commit the instant crime at the same time before two months have elapsed since the date of release, and the instant crime itself also steals large amounts of things repeatedly over several times, and does not take into account the fact that the nature of the crime is inferior.

In full view of the aforementioned circumstances and the various circumstances, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., even if considering all favorable circumstances for the Defendant, it cannot be deemed that the lower court’s punishment is excessively unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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