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(영문) 서울동부지방법원 2016.06.24 2016노250
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is as follows: ① the defendant was left alone for not less than five days in the original judgment, and the defendant was aware of it and brought about without intention, and even if there was no intention of larceny, the court below erred by misunderstanding the facts, thereby finding the defendant guilty of the facts charged, and ② even if not, in light of the defendant's health condition and family relationship, the sentence of the court below (6 months of imprisonment and two years of suspended execution) sentenced by the defendant is too unreasonable.

2. According to the evidence duly adopted and examined by the first instance court, although it was true that the Defendant was neglected for more than five days, it appears that the victim E did not seem to have reached the degree of giving up ownership, and that the Defendant could have sufficiently known such facts. ② Meanwhile, along with the above circumstances asserted by the defense counsel, the Defendant had been punished by a suspended sentence or a fine due to special larceny, etc., and other circumstances that are the conditions for sentencing such as Defendant’s age and environment, the sentence of the lower court is too too unreasonable.

3. Therefore, 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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