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(영문) 서울남부지방법원 2013.10.25 2013노1508
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. The judgment of the court below is recognized that the defendant agreed with the victim D at the court below, and the defendant made efforts to recover from damage by depositing KRW 4 million for the victim C at the court below, but the defendant's records of the same criminal act reached eight times during the suspension period, and all of the crimes in this case were committed, and the criminal act was committed by theft of the possession of the belongings against the traveler whose ability to exercise due care within the airport was extinguished, and it seems to be highly likely to repeat the crime because it is similar to the criminal punishment in the past. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) is punished by imprisonment with prison labor for not less than three years, and the punishment of the court below sentenced the defendant for one year and six months after discretionary mitigation is the minimum statutory punishment, and other circumstances, such as the circumstances, means and methods of the crime in this case, the circumstances after the crime, and the age and happiness environment of the defendant, etc., which are set forth in Article 51 of the Criminal Act as stated in the records and arguments.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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