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(영문) 서울동부지방법원 2017.03.24 2016노2144
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (two months of imprisonment, eight months of imprisonment, and confiscation) imposed by the court below is too unreasonable in light of the fact that the defendant was a crime for punishing living expenses (unfair sentencing) and the damage is minor, and is against depth.

2. The crime of this case is the case where the Defendant returned to the new construction site and stolen the tools, electric wires, etc. located therein.

The court below sentenced imprisonment for two months, 2 months, and 8 months, and confiscation for the crimes as set forth in the judgment of the court below, considering the following: (1) under the favorable circumstances for the defendant, the defendant made a confession and reflects all the crimes; (2) under the economic difficulty of the defendant committed the crimes; (3) the defendant committed the crimes as set forth in the judgment of the court below; (4) the defendant was sentenced to imprisonment for the crimes as set forth in the judgment of the court below; and (4) the defendant was sentenced to imprisonment for the crimes as set forth in the judgment of the court below, 2) and 3) with respect to the crimes as set forth in the judgment of the court below, in consideration of the following: (1) the defendant was sentenced to imprisonment for a crime as set forth in the

In full view of the above various circumstances, the sentencing of the court below seems to have been appropriately determined by fully considering the various sentencing grounds asserted by the defendant, and there are no other 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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