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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2014.10.30 2014노1120
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which habitually thiefed the crime of this case by mistake of facts or misunderstanding of legal principles is merely contingent, but is not attributable to the damp wall of larceny, is unreasonable.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence of the lower court, including criminal records, investigation reports (Attachment of written judgments), etc. against the Defendant claiming mistake of facts or misapprehension of legal principles, namely, the Defendant was punished four times for the larceny crime including habitual larceny until 198, and two times for robbery, and the judgment became final and conclusive around that time on March 29, 207 by being sentenced to imprisonment with prison labor for habitual larceny at the Seoul Central District Court, which became final and conclusive on March 29, 2007. The content of the crime was that, under the influence of alcohol in subway trains, the Defendant stolen the money or valuables of the potential passengers regardless of the influence of the crime. On September 14, 2012, the Defendant was sentenced to a suspended sentence of two years for acquisition of stolen goods at the Seoul Central District Court, which became final and conclusive on September 14, 2012, and the content of the crime was divided into money from the larceny who stolen the money or valuables of the subway, and the Defendant did not err by misapprehending the legal principles as to the theft of occupation of each of the Defendant.

B. The instant crime claiming unfair sentencing was committed during the period of the suspension of the execution of the crime of acquiring stolen goods as indicated in the judgment below. The statutory penalty of the instant crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is a imprisonment with prison labor for life or for not less than three years, and the lower court’s sentence is the lower court’

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