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(영문) 서울북부지방법원 2013.11.01 2013노1113
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the following circumstances: (a) the Defendant led to the confession of the instant crime; and (b) some of the damaged items were temporarily returned; (c) the instant crime committed by the Defendant was committed by theft of another person’s property over three times during the period of repeated crimes over which the Defendant had been sentenced to a punishment for the same kind of crime and had been sentenced to a punishment for the same offense; (d) the nature of the offense is not good; (e) the amount of damage was not significant; (e) the victims did not reach an agreement; and (e) the damage was not recovered; and (e) other various circumstances, including the motive for the instant crime, character and conduct of the Defendant, the character and conduct of the Defendant, the environment, family relationship, and the circumstances after the commission of the instant crime, which are the conditions for sentencing under Article 51 of the Criminal Act as expressed in the records and arguments, are deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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