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(영문) 서울남부지방법원 2013.05.31 2013노564
특정범죄가중처벌등에관한법률위반(절도)
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. Although the crime of this case was committed against attempted crimes and actual damage did not occur, the defendant had the record of being punished several times for the same crime, the crime of this case is punishable by imprisonment for not less than three years pursuant to Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the punishment for one year and six months, which the court below sentenced by discretionary mitigation, is the lowest punishment possible for the defendant, and other circumstances, such as the background, means and methods of the crime of this case, the circumstances after the crime, and the defendant's age and behavior environment, which are conditions for sentencing as prescribed in Article 51 of the Criminal Act, are not excessive and unfair.

3. In conclusion, the defendant's appeal of this case 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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