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(영문) 서울남부지방법원 2016.11.04 2016노1630
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination: (1) Of the money and valuables damaged by the instant crime, the Defendant recognized the instant crime; (2) the cell phone and auxiliary 143 pages owned by the Victim G (No. 143 pages of evidence); (3) mobile phones owned by the Victim F (No. 83 pages of evidence list); (4) mobile phones owned by the Victim F (No. 43 pages of evidence list); (4) mobile phones owned by the Victim I (No. 443 pages of evidence list); and (5) cash owned by the Victim H (No. 5 of evidence list); (6) cash owned by the Victim E (No. 6) (Evidence No. 1408 of evidence list); and (3) according to the list of the total restitution of seized articles, each of the aforementioned materials was seized; and (4) the victim did not appear to have been recorded in the victim’s list at the time the instant case was sent.

The fact that this victims seems to have been temporarily returned is a favorable circumstance.

(2) However, in full view of the following circumstances: (a) the Defendant committed the thief in this case by means of several methods similar to the Defendant, even though having been already punished twice as a result of larceny; (b) there is no change in circumstances that may additionally be reflected in the sentencing after the sentence of the lower judgment was rendered; and (c) other circumstances that conditions for sentencing, such as the circumstances leading to the instant crime, means, results, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unduly unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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