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(영문) 서울서부지방법원 2014.09.05 2014노803
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment) is too unreasonable;

2. Determination is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the amount of damage caused by the crime of this case is not very significant, the victim K stated that the police did not want punishment against the defendant, and the growth environment of the defendant was poor.

However, the Defendant habitually committed the instant crime during the period of repeated crime, for which eight months have elapsed since the completion of the execution of the sentence on April 26, 2013, and eight months have passed, and the Defendant was unable to agree with or recover from the victims, and the Defendant had had the record of having already been sentenced to imprisonment for the same kind of crime and was a juvenile protection case due to the same crime. Two years of imprisonment with labor sentenced by the lower court was the most minor sentence within the scope of the recommended punishment (two to four years as a basic area) based on the sentencing guidelines, and other factors of sentencing that are shown in the instant argument, the sentence of the lower court against the Defendant is adequate.

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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