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(영문) 서울중앙지방법원 2016.07.21 2016노1276
상습절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The fact that the scale of the damage of this case was not so significant, that the defendant's wrong recognition and reflects the defendant's wrong recognition, and that the process of the defendant's bad growth seems to have affected the crime of this case is favorable to the defendant.

However, as long as the Defendant had been subject to criminal punishment several times for the same crime, again committed the instant crime as a repeated crime, the Defendant committed the instant crime by taking advantage of the stolen goods of this case, committed the fraud, the violation of the law specializing in credit finance, the violation of the law without license, and the nature of the crime is not good. There are no special circumstances or changes in circumstances newly considered in sentencing after the lower judgment was rendered, and all the sentencing conditions indicated in the records and theories of the instant case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion, and thus, cannot be deemed unfair.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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