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(영문) 서울중앙지방법원 2016.08.25 2016노2038
절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the following factors: (a) the Defendant re-offending the instant crime without any reflection of the past record of criminal punishment including punishment more than 20 times due to the same crime; (b) there is no change in circumstances or circumstances that may be newly considered in the sentencing after the lower judgment was rendered; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions indicated in the record and the change theory, including the circumstances after the crime, etc., even though considering the favorable circumstances for the Defendant, such as the Defendant’s mistake and reflects the Defendant’s wrong recognition; (b) the damage is minor and the damage is recovered, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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