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(영문) 서울중앙지방법원 2013.11.28 2013노3315
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (2.50,000 won of fine) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s erroneous determination as to the grounds for appeal reflects the Defendant’s wrongness; (b) the Defendant’s age of 73 is not good for health and economic conditions; and (c) the Defendant paid KRW 85,00 to the victim and commits a

However, around June 2012, the Defendant committed the instant crime even after being subject to a fine of KRW 50,000,000 as a result of larceny; the Defendant committed the instant crime; the number of offenses is not many; the Defendant issued a summary order of KRW 1,00,00,000, which was originally issued by the lower court, in consideration of the circumstances favorable to the Defendant; however, there was no change in the circumstances or circumstances that may be newly considered in the sentencing after the lower judgment was sentenced; and in full view of other various circumstances, including the Defendant’s character, character, environment, motive and background of the crime, means and method of the crime; and the circumstances after the crime, etc., on the grounds that the Defendant’s assertion is unreasonable since the sentence imposed by the lower court is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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