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(영문) 서울중앙지방법원 2013.10.08 2013노2145
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is too unlimited and unfair.

2. There are extenuating circumstances such as the fact that the Defendant’s judgment on the grounds of appeal reflects the wrongness of the Defendant, and that the Defendant agreed with the victim smoothly.

However, even though the Defendant was sentenced to imprisonment for the same kind of crime on August 2010, the Defendant committed the instant crime, and the first summary order of fine of KRW 3 million was issued, but the lower court sentenced to a reduction of fine of KRW 2 million by taking account of the favorable circumstances in the Defendant. In full view of the following circumstances: (a) there is no change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (b) other various circumstances that form the conditions for the pleadings and the sentencing indicated in the record of the instant case, including the Defendant’s age, character, character, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the Defendant’s assertion is not acceptable since the sentence imposed by the lower

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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