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(영문) 서울동부지방법원 2017.06.02 2017노486
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of one-year imprisonment with prison labor imposed by the lower court against the Defendant is too unreasonable.

2. The instant case pertains to the theft of things owned by the victim by the Defendant by intrusion upon the victim’s residence two times.

① Under favorable circumstances, the lower court sentenced the crime of this case, taking into account the following factors: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the considerable part of the damaged goods were returned to the victim; and (c) the crime of this case was committed under unfavorable circumstances; (b) the method of commission of crime, such as intrusion upon the victim’s residence or destroying and intrusion upon the window at night, is professional and highly dangerous; and (d) the amount of

In full view of the above circumstances and other arguments and the reasons for sentencing indicated in the record, namely, the fact that the defendant has been sentenced two times of larceny in China, the sentencing of the court below seems to have been determined appropriately by fully considering the various reasons for sentencing alleged by the defendant, and there are no special circumstances to change the above punishment.

Ultimately, the defendant's argument that the above sentencing is unfair is groundless and thus is not accepted.

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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