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(영문) 서울북부지방법원 2014.12.17 2014노1321

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant made a confession of all of the crimes of this case and in depth reflects the defendant, and that the victim D does not want to be punished against the defendant.

However, there is no agreement with the remaining victims, and the crime of this case consists of repeated crimes due to the same type of larceny, and the sentence of sentence is inevitable. In full view of the fact that the statutory penalty of this case is mitigated and sentenced to the lowest sentence, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., the sentence of this case is too unreasonable.

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

[However, pursuant to Article 25 of the Regulation on Criminal Procedure, Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, and Article 355(1) of the Criminal Act, of which the judgment of the court below ex officio is applicable, shall be corrected to “the Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,”