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(영문) 서울동부지방법원 2015.09.24 2015노878
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) shall be too unreasonable, due to the gist of the grounds for appeal.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession and reflect of the crime of this case, the fact that some damaged goods were returned, and the fact that there was a family member to support.

On the other hand, the defendant, including five times of punishment, committed the crime of this case again during the period of repeated crime without being aware of the fact that he had been punished more than seven times for the same crime, and the crime of this case committed the crime of this case by infringing upon the residence of the victims and theft of property, and the crime of this case was committed 14 times during the short period of four months, and most of the damages have not been recovered.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

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

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