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(영문) 서울남부지방법원 2016.04.15 2016노199
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The sentencing factors favorable to the Defendant are the fact that the Defendant recognized his mistake and against himself, and that the degree of damage caused by each of the instant crimes is not much serious.

However, the fact that the Defendant was punished for the same crime is up to 12 times, and that the Defendant again committed each of the crimes of this case, even though the execution of the sentence was completed on July 13, 2014, is during the repeated crime period, is an unfavorable sentencing factor against the Defendant.

In addition, considering various sentencing conditions in the instant case, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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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