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(영문) 서울남부지방법원 2016.12.22 2016노1829
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant is fully aware of the facts charged and reflects his/her depth on the charges committed.

From 21 years of age, the Defendant developed under the care of his grandparents, and began to kill the bicycle from 21 years of age to her father, which became economically difficult, and stolen bicycles were used for the cost of life.

The defendant is currently expected to attempt to reach an agreement with the victims as much as possible.

Of the damaged goods, Alton T7D bicycle was temporarily returned to the victim.

The defendant has the same criminal power, but more severe penalty power than the suspended sentence is only once, and the amount of damage is not so big, and the defendant will be punished as much as possible by taking into account the facts of living criminals.

2. The Defendant, even though he was able to have the same penal power, has reached the conclusion of each of the instant crimes.

In addition, considering the circumstances favorable or unfavorable to the defendant and the defendant's age, character, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and the reasons for sentencing of the lower judgment, the lower court's punishment is too unreasonable even in light of various circumstances asserted by the defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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