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(영문) 서울서부지방법원 2014.09.05 2014노751

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The judgment is a favorable condition for the defendant, such as the fact that the defendant made a confession of a crime and seriously reflects the amount of damage, the fact that the amount of damage is not significant, the fact that the defendant committed a contingent crime, and the habiting and shocking disorder possessed by the defendant seems to have affected the crime.

However, considering the fact that the Defendant was punished for a larceny crime including the past record of punishment, and that the Defendant again committed the crime of this case within the short period after being sentenced to larceny, etc. and then again committed the crime of this case, the Defendant did not agree with or compensate for damage to the victim, there is no change in circumstances that may be particularly considered in the trial, and that there is no other factors of sentencing as shown in the arguments of this case, such as the Defendant’s age, character and conduct, family relation, the sentence of the lower court is adequate.

3. Therefore, 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 groundless. It is so decided as per Disposition