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(영문) 서울중앙지방법원 2013.10.25 2013노3050

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court is too unreasonable in light of the following: (a) the Defendant’s mistake and reflects his fault; (b) the Defendant’s life and living conditions after release did not harsh and led to this case; and (c) the Defendant actively cooperated in the investigation process.

2. Although there are circumstances such as the Defendant’s mistake, considering the fact that the Defendant was sentenced several times of imprisonment due to the same kind of crime, and the Defendant committed the instant crime during the period of repeated crime; the frequency of the instant crime is considerable and the victims have not been compensated; and all other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, which form the sentencing conditions specified in the instant records and arguments, do not seem to be too unreasonable.

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