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(영문) 서울서부지방법원 2015.09.25 2015노916

특정범죄가중처벌등에관한법률위반(절도)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The above sentence of the court below on the defendant by the prosecutor is too unhued and unreasonable.

2. Determination factors are the sentencing factors favorable to the Defendant, such as the fact that the Defendant recognized all of the instant crimes and reflects the amount of damage, and that some of the damage was returned to the victim, etc.

However, in full view of all the sentencing factors of the Defendant, including the Defendant’s age, character and conduct, the background and consequence of the instant crime, and the circumstances after the Defendant had already been punished for larceny several times, the Defendant was sentenced to imprisonment with prison labor for special larceny, and the Defendant again committed the instant crime during the period of the repeated crime, and the victims did not agree with the victims, etc., there is no change of circumstances that may be particularly considered in the sentencing factors of the Defendant, which are disadvantageous to the Defendant, and all the sentencing factors indicated in the instant argument, including the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, etc., the Defendant’s punishment imposed by the lower court cannot be deemed as

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of the appeals is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.