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(영문) 서울서부지방법원 2013.04.09 2012노1455
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the facts charged by a prosecutor 1) mistake of facts or misapprehension of legal principles, the criminal records of the defendant, the crime of this case committed during the period of repeated offense, and the occurrence of 20 minutes at intervals, and the circumstances leading to the crime of this case, the court below found the defendant not guilty of habituality of the larceny, but acquitted him of the habituality of the larceny. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment. 2) The sentence (six months of imprisonment) imposed by the court below on the defendant in light of the various sentencing conditions of this case.

B. The sentence imposed by the court below on the defendant is too unreasonable.

2. Determination:

A. On June 5, 2008, the summary of the facts charged in this part of the judgment of mistake of facts or misapprehension of the legal principles by the prosecutor, the defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court on Seoul Western District Court on March 18, 2009, sentenced to 8 months of imprisonment with prison labor for larceny, etc. on December 21, 2010, and sentenced to 10 months at the Seoul Western District Court on October 13, 201, and completed the execution of the sentence on May 12, 2012.

1. On September 24, 2012, around 02:30 on September 24, 2012, the Defendant: (a) cut off one of kimchi lines containing the unfachi infachi in the market value, which is the victim’s ownership located in the E-cafeteria operated by the victim D in Eunpyeong-gu Seoul Metropolitan Government, and was located outside the E-cafeteria operated by the victim D.

2. On September 24, 2012, around 02:50 on September 24, 2012, the Defendant opened a tent at the entrance of the victim G in the Eunpyeong-gu Seoul Metropolitan Government F1st, and intrudes into the tent and opened up the tent and opened up the tent at the entrance of the store, and the victim was 12, 1.8L 2, 1.8L drinking milk, 2 hambags in vinyl in vinyl.

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