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(영문) 서울중앙지방법원 2018.12.21 2018노3013
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant appears to recognize his criminal act and reflect in depth, the amount of damage is not significant, and the victim does not want the punishment against the Defendant (the 38th page of the evidence record) is favorable to the Defendant.

However, the defendant was punished five times or more due to the same theft crime, and habitually committed the crime of this case even during the repeated crime period, and it is inevitable to sentence the defendant to a sentence.

B. In light of the fact that there is no change of circumstances that can be newly considered in sentencing in the first instance court, and the various sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and family environment, and circumstances before and after the commission of the crime, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s assertion is without merit.

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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