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(영문) 서울중앙지방법원 2015.09.25 2015노2832
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. With respect to the sentencing of the first instance court (one year and nine months of imprisonment) against the accused in the summary of the grounds for appeal, the prosecutor appealed each appeal on the grounds that the accused is too uncompared and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

The defendant commits the crime of this case during the period of the same repeated crime, has many criminal records, and the method of the crime is disadvantageous.

However, in full view of the degree of the defendant's act, the fact that the victim deposited the compensation for damage for the victim, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, environment, family relationship, and criminal records, the sentencing of the first instance court on the defendant does not seem to be too negligible or unreasonable. Therefore, the argument of unfair sentencing by the

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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