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(영문) 서울북부지방법원 2013.12.27 2013노1223
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one hundred months of imprisonment and a fine of six million won) is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes in this case, and that some of the larceny damage was returned to the victims.

However, the crime of this case, even though the defendant was in a repeated term from November 2012 to March 2013, the victim's property was stolen over four occasions during a relatively short period of time, driving Obaba on two occasions without permission. The defendant's above assertion is not reasonable in light of the following circumstances: (a) the victim obtained alcohol payments, etc. or obstructed his/her business by taking ten times or more; (b) the victims did not agree with the victims; and (c) the victims did not reach an agreement; and (d) the victim did not recover from the damage; and (b) other circumstances that are conditions for sentencing, such as the defendant's character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is too 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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