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(영문) 서울동부지방법원 2016.01.29 2015노1549
절도
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) against the Defendant is too unreasonable.

2. It is recognized that the Defendant was fully aware of the commission of the crime and reflects the Defendant’s mistake in depth, and that the Defendant appears to have committed the remaining crime economically difficult, and that the amount of damage is relatively small.

However, in full view of the following circumstances: (a) the Defendant was sentenced one time to a sentence for the same crime and two times of suspended execution; (b) the Defendant committed the instant crime without being aware of the recidivism even though the instant crime constitutes a repeated crime; (c) the Defendant did not present the circumstances to change the sentence of the lower court in the trial; and (d) the Defendant’s age, career, and health, which are the conditions for sentencing, the sentence imposed by the lower court is too unreasonable.

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

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