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(영문) 서울동부지방법원 2013.08.13 2013노541
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 1.5 million won) of the lower court’s punishment is too unreasonable.

2. The judgment of the court below led to the crime of this case because the defendant was unable to live in his life, the amount of damage caused by the crime of larceny and attempted larceny of this case was not significant, and there was a favorable circumstance to take into account such as the fact that the investigation agency and the court of the court below and the court of the trial showed the attitude that the defendant was aware of his crime in substitution of the investigation agency and the court of the trial and the court of the trial, but the recovery of damage up to the trial was not fully achieved. The crime of this case is a theft by removing the pipe of the defendant, and the law of the number of crimes was specialized, the defendant had the power to be punished for the same kind of crime, the punishment of the court below seems to have already been taken into account all the above favorable circumstances, and there was no change of circumstances that could change the age, character and environment, occupation, power, the process, means and result of the crime of this case, and the circumstances before and after the crime, etc., it cannot be deemed that the sentence of the court below is unreasonable.

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

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