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(영문) 서울동부지방법원 2014.11.14 2014노1311
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant was sentenced to imprisonment with prison labor for six months in prison due to larceny, around June 2012, the defendant was sentenced to 8 months in prison due to larceny, and around 2012, again on or after the completion of the execution of the sentence, and the defendant committed each of the crimes of this case more than 8 months in prison, since it appears that the defendant committed a repeated crime, which is inevitable to sentence imprisonment with prison labor, and that damage was completely recovered at the investigation stage. However, the defendant was sentenced to imprisonment with prison labor for 6 months in prison due to larceny, and 8 months in prison due to larceny. Since the defendant was sentenced to 2 months in prison due to larceny at night on November 2012, the defendant was sentenced to imprisonment with prison labor for 8 months in prison after the execution of the sentence was completed, the defendant was sentenced to imprisonment with prison labor if he choose a repeated crime, and there is no need to accept the defendant's motive to punish the defendant by repeating the same type of crime, and there are no other extenuating circumstances.

3. In conclusion, 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. It is so decided as per Disposition.

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