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(영문) 서울중앙지방법원 2017.03.31 2017노259
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant is a favorable condition to the defendant that all of the crimes of this case led to the confession of all of the crimes of this case and reflects the mistake, and that the defendant has a disability of grade III with delay and is living together without being protected by his/her family, etc.

However, each of the larceny crimes of this case was not completely recovered.

The defendant has been punished several times as a punishment for larceny in the past and has served four times.

Nevertheless, the defendant committed each of the crimes of this case during the period of repeated crime, and the will of the defendant to observe the law seems to be low.

The crime of assault against railroad officials of this case, submission of a report on change of personal information, and a false report are not sufficient to commit such crime.

In light of these circumstances, there are no special circumstances or changes in circumstances that may be newly considered in sentencing at the appellate court, and all the sentencing conditions of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, 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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