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(영문) 서울서부지방법원 2017.11.23 2017노1046

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and nine months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. There are no circumstances to consider, such as: (a) the Defendant recognized his mistake; (b) committed the instant crime due to difficulties in living; and (c) the benefits obtained from each of the instant crimes were not significant.

However, the defendant was sentenced to punishment several times due to the same crime, and repeatedly committed each of the crimes of this case during the same repeated crime period, did not recover the damage, and did not receive a letter from the injured person.

In addition, in full view of the fact that the court below has reduced the amount by taking into account the favorable circumstances of the defendant, and the defendant's age, sex, conduct, intelligence and environment, circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., the court below's punishment is too unreasonable, and thus, the above assertion by the defendant cannot be accepted.

3. In conclusion, the defendant's appeal of this case is dismissed. It is so decided as per Disposition.