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(영문) 서울북부지방법원 2017.12.19 2017노2201
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized his mistake and reflecteds his mistake, the existence of alcohol, the fact that health conditions are not good due to the inter-scoping, and that the Defendant appears to have committed the instant crime in a somewhat contingent manner under the influence of alcohol is favorable to the Defendant.

However, the crime of this case is one of the crimes committed by the Defendant, which committed the theft and attempted larceny twice a year by the Defendant, and committed the theft and attempted larceny on six occasions, and by driving a stolen vehicle, and damaged two cars.

Although the scale of damage is small, no effort was made for the recovery of damage.

Although it was not punished due to drinking driving, the defendant was under the influence of alcohol at the time, so there was a risk of serious damage.

There is a history of fine for the same kind of larceny.

The judgment below

There is no change in circumstances that may be considered in sentencing after the sentence.

In addition, considering all the sentencing factors shown in the records and arguments of this case, the sentencing of the court below is conducted within the reasonable scope of discretion, and it cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

3. 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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