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(영문) 서울동부지방법원 2016.08.10 2016노854
절도
Text

The defendant's appeal is dismissed.

Reasons

In light of the fact that the defendant suffers from mental illness and the case is minor, the sentence of the court below that sentenced a fine of 1,500,000 won is too unreasonable.

Taking into account all the above circumstances alleged by the Defendant, the Defendant, and his defense counsel, in full view of the following: (a) the Defendant committed the same kind of crime without being aware of himself during the period of probation due to larceny, etc.; and (b) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the judgment of the lower court was rendered; and (c) other various circumstances that form the conditions for sentencing, such as the Defendant’s age, environment, and circumstances after the commission of the crime, etc., a summary order of KRW 3,00,000 was issued to the Defendant, but the sentence of the lower court, which sentenced to KRW 1,50,000, by reducing

Therefore, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 364 (4) of the Criminal Procedure Act).

“The judgment became final and conclusive.”

Since it is clear that “the statement was made by mistake,” it shall be corrected in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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