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(영문) 서울중앙지방법원 2018.09.07 2018노1174
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 2 years and six months of imprisonment) is so excessive that it is unfair (the Defendant and his defense counsel withdrawn the assertion of misunderstanding of the legal principles on the second trial date of the first trial of the first instance court). 2. Determination of the Defendant acknowledged the instant crime; however, in light of the nature of the instant crime in light of the method of the instant crime and habitualness, etc., it is not very good that the instant crime is committed, even though the frequency of the instant crime is considerably large at 29 times and the amount of damage is considerable, it is not difficult to say that the Defendant made a substantial agreement with the victims or made an endeavor to recover damage, and in full view of other various sentencing conditions in the records and arguments, such as the Defendant’s age, character and home environment, circumstances before and after the instant crime, etc., the Defendant’s assertion is too unreasonable, and thus, is not reasonable.

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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