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(영문) 서울북부지방법원 2020.09.11 2020노1017
절도등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment, four months of imprisonment, and confiscation) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances favorable to the defendant (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015) (the fact that the defendant recognized his/her own responsibility for each of the crimes of this case; partial damage was seized; R, which purchased precious metal owned by the victim O from the defendant, returned part of the damaged goods to the victimO); and unfavorable circumstances (the fact that the defendant committed each of the crimes of this case during the period of repeated crime; the defendant committed each of the crimes of this case under several laws, which were punished before, and the same was punished; each of the crimes of this case is not likely to have been stolen by intrusion upon the residence of the defendant; some of the crimes were opened and intruded by using the implements; there is no reason to view that the defendant's endeavor was restored by the victims; and there is no possibility that the victim and the defendant did not agree with the victim; the circumstances that the defendant did not appear to have been subject to criminal punishment; the circumstances of each of the crime of this case;

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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