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(영문) 서울중앙지방법원 2013.03.28 2012노3397
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of KRW 1.50,000) on the gist of the grounds of appeal is too unreasonable.

2. We can take into account the following circumstances: (a) the Defendant committed the instant crime, i.e., during the commission of all the instant crime; (b) the amount of damage is low; and (c) the Defendant committed the instant crime because he/she was unable to live due to the age of 74.

However, even if the Defendant was punished by a fine by theft and theft on October 201, the Defendant committed the instant crime, as in the instant case, even though he/she was punished by a fine, as in October 201, and even when he/she was sentenced to a fine of KRW 300,00,00,000 was issued, considering the circumstances favorable to the Defendant, the lower court was sentenced to a fine of KRW 1,50,000,00. However, considering the following circumstances, there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and there is no change in the circumstances that may be newly considered in the sentencing, and other various circumstances that form the conditions for the argument and the record of the instant case, including character and behavior, environment, motive and background of the crime, means and method of the crime, and after the crime, the Defendant’s assertion is not acceptable.

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

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