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(영문) 서울중앙지방법원 2016.11.25 2016노3756
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment (six months of imprisonment) sentenced by the first instance court on the gist of the grounds for appeal is too unreasonable;

2. Examining the various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, and circumstances after a crime, even though the Defendant agreed with the victim, there are many criminal records identical to the Defendant, and there is no change in the sentencing conditions that may be particularly considered in the appellate trial, etc., in detail, it is difficult to view that the sentence of the first instance court is too unreasonable even if all of the circumstances alleged by the Defendant are considered.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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