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(영문) 서울중앙지방법원 2014.03.21 2014노426
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is too unreasonable in light of the fact that the defendant recognized his mistake and is against the truth, that the defendant saw his reflect, which is the damaged goods at the time, in order to sell his reflect, committed a crime by contingency while under the influence of alcohol, that the damaged goods have been returned, that the defendant's family environment and age, etc. (the prosecution type - the prosecution type - one year imprisonment, and the court below sentence - 8 months).

2. According to the reasoning of the judgment of the court below on the grounds of appeal, it is recognized that the court below has determined the punishment by fully considering the above circumstances favorable to the defendant, and ① there is no special change in circumstances that could determine the punishment differently from the court below for the first time in the trial; ② In particular, even though the crime was committed during the repeated crime period, the court below sentenced 'eight months below' which is lower than the lowest limit of the sentencing guidelines for larceny in consideration of the defendant's age, economic aspects, family environment, etc., and ③ other factors such as the course and degree of the crime in this case, the criminal records of the defendant, and other various sentencing factors shown in the records and arguments of this case, it is determined that the sentence of the court below is appropriate.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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