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(영문) 서울동부지방법원 2015.09.11 2015노864
상습특수절도
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below, which sentenced the defendant three years of imprisonment, is too unreasonable in light of the fact that the defendant is unable to seek a proper job due to the aggravation of health, thereby leading to the crime of this case in which his livelihood is threatened, that part of the damaged goods was temporarily returned, that the defendant was old, and that the defendant is not healthy.

Considering all the above circumstances alleged by the Defendant, Defendant, and his defense counsel, the instant crime committed by the Defendant was committed in the night by destroying a part of the structure, impairing another’s residence, thereby thefting property on four occasions, and committing a single attempt. In light of the means and frequency of the crime, etc., the nature of the crime is not good in light of the means and frequency of the crime. In addition, the Defendant was committed in the instant case during the repeated offense period without being aware of the record of having been punished several times due to the same kind of crime, etc. before the instant crime was committed, and was committed during the repeated offense period, and other various circumstances that are the conditions of the sentencing, such as the Defendant’s environment, etc., the sentence of the lower court is appropriate and unreasonable

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

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