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(영문) 서울남부지방법원 2016.08.12 2015노1889
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is unfair, because it is too unreasonable.

2. According to the records of the judgment, it is recognized that: ① the Defendant was diagnosed in 199 as “comploit with disability by coercion,” and had received pain treatment from that time to that time (the 11th page of the trial record); the Defendant was aware of the instant crime; the amount of damage caused by the instant crime is not large; and the amount of damage caused by the instant crime was returned to the victim D; the victims as stated in Article 1-B of the judgment of the court below were returned to the victim; the victims as stated in subparagraph 1 of the judgment of the court below prepared a written agreement (17,18 pages of the trial record) on which the Defendant sought the Defendant’s wife at the court below; and the Defendant constitutes “beneficiary” as defined in Article 2 subparag. 2 of the National Basic Living Security Act.

② However, in full view of all the circumstances, including the fact that the Defendant had been punished six times as a result of larceny, the Defendant again committed the theft of this case during the period of probation, the Defendant committed the crime of larceny of this case, and the Defendant committed the crime of larceny of this case under paragraph (2) of the judgment of the court below, which is the same day and later, the Defendant committed the crime of larceny of this case 1-B. The above circumstances are already reflected in the judgment of the court below, and there is no change of circumstances that may be additionally reflected in the sentencing after the sentence of the judgment of the court below, and ③ the circumstances of the crime of this case, means, results, and the circumstances after the crime of this case, etc., which are the conditions for sentencing, the sentence of

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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