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(영문) 서울동부지방법원 2013.05.24 2013노441
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake, the amount of damage does not exceed the amount of damage and the amount of damage was returned to the victim, and the crime committed by the means of livelihood was committed several times due to the same kind of crime. However, the defendant committed the crime of this case again during the repeated crime period for which three months have not passed since he was sentenced to imprisonment with prison labor due to larceny. The crime of this case constitutes a special larceny under Article 331(2) and (1) of the Criminal Act, and the minimum of the statutory punishment is one year, and the lower court is disadvantageous to the defendant, taking into account the circumstances favorable to the defendant, such as the motive and circumstance leading up to the crime of this case, the situation before and after the crime, the defendant's age, character, character, environment, occupation, family relation, etc., which are the conditions of sentencing as shown in the records, it cannot be said that the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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