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(영문) 서울동부지방법원 2017.04.28 2017노346
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of imprisonment with prison labor for three years and forfeiture imposed by the court below against the defendant is too unreasonable.

2. The instant case pertains to the Defendant’s theft of cash and dental ties, etc. by intrusioning the dental hospital’s correction device at night over 37 times in total.

The lower court sentenced the Defendant to be sentenced to imprisonment with prison labor and confiscation for three years, taking into account the following: (i) the Defendant’s favorable circumstances: (ii) the Defendant, under the unfavorable circumstances; (iii) the Defendant committed a planned professional crime against dental hospitals nationwide for a period of up to six years, despite having been punished for the same kind of crime; (iv) the number of times of the crime reaches 37 times in total; (v) the total amount of damage exceeds KRW 129 million; and (v) the amount of damage was a total of KRW 129 million; and (v) the victims did not have been able to take any measure to recover from the injury and there was no measure to recover the damage.

In general, the sentencing of the lower court seems to have been appropriately determined by fully considering these points, and it is difficult to find out other special circumstances to change the sentence of the lower court.

Ultimately, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364 (4) of the Criminal Procedure Act: Provided, That all of the judgment of the court below is that "the defendant was sentenced to imprisonment for two years or more with prison labor at the Changwon District Court on September 7, 2007 due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and the execution of the sentence was completed on June 10

The summary of the evidence is as follows: “1. Previous convictions in the judgment: In the end, the Criminal Act aggravated for repeated crimes of 1.1." in the upper part of the Criminal Report (related to the same force of the suspect), the sentence of the judgment (the Changwon District Court 2007 No. 1320), and the column of the application of the statute.

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