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(영문) 서울동부지방법원 2015.07.23 2015노699
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and one year sentenced by the court below is too unreasonable.

2. As to the grounds of appeal, there are extenuating circumstances, such as the fact that the Defendant made a confession of all the crimes, and the mistake is divided, that the Defendant appears to have caused the instant crime, due to the failure of business, which was repeated after the withdrawal from the university and the deterioration of health, and that some damaged goods were returned to the victim. Some of the damaged goods were returned to the victim, and that the Defendant should take account of equity with the case where the judgment of partially larceny of the instant case and larceny of which judgment became final and conclusive on February 4, 2014 is to be adjudicated simultaneously.

However, in light of the following: (a) the Defendant had the record of having been sentenced to punishment several times as a suspended sentence of imprisonment or a sentence of punishment due to larceny under a law similar to the instant case; (b) in particular, some larceny of this case was committed during the repeated crime period after having been sentenced to one year by imprisonment with prison labor from the Suwon District Court for larceny on September 24, 2014; (c) the amount of damage was not significant; (d) the victims did not agree with the victim; and (e) examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate and its determination is unreasonable.

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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