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(영문) 서울북부지방법원 2015.06.25 2015노643
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one hundred months of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below seems to be against all the defendant's mistake and reflect it in depth, and living conditions are difficult. At the investigation stage, victim H, G, the victim F and K are compensated for each damage amount, and the victim's family members expressed their intent not to punish the defendant, and the defendant's family members are able to guide the defendant. However, the court below already considered the defendant's above circumstances and reduced the amount of punishment, and it seems that the defendant was sentenced to a punishment less than one year of imprisonment, which is the minimum legal penalty for special larceny, under the minimum sentence for special larceny. The defendant has already been sentenced to a suspended sentence of imprisonment for two times due to the same crime as the crime of this case. The defendant was released from a suspended sentence of imprisonment due to the same kind of crime, and was released from imprisonment for one year and two months after the expiration of the period, and the defendant did not receive from each victim's age before and after the expiration of the period of parole, and the defendant did not receive from each victim's occupation and behavior or agreed to the defendant's age of the above crime of this case.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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