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(영문) 서울남부지방법원 2016.04.14 2015노1957
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following facts: (a) the Defendant supports the married family and experienced many economic difficulties; (b) the victim wants to take up the Defendant’s wife against the Defendant; (c) the Defendant agreed in the first instance trial; (d) the Defendant attempted to deposit KRW 200 to 30 million with the victim in the future; (e) the parent’s health is very bad; and (e) the Defendant experienced difficulties in raising his child; and (e) the Defendant was living in prison for more than seven months in the instant case.

2. However, even though the victim submitted a written agreement and a written application for non-prosecution of punishment at the trial of the party, there is a significant change in circumstances compared to the time of the judgment of the court below, taking into account the fact that the victim had already sought the Defendant’s wife at the court below and there is no data on the details of substantial damage recovery.

It is difficult to see it.

Accordingly, considering the following factors, the Defendant’s age, character and behavior, motive means and consequence of the crime, etc., and the sentencing conditions of the lower court as seen in the instant case, compared with the sentencing reasons of the lower judgment, the lower court’s punishment is too unreasonable even considering the circumstances asserted by the Defendant on the grounds of appeal.

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

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