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(영문) 서울동부지방법원 2014.03.28 2014노145
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment of the court below reflects the defendant's mistake, that some of the crimes were committed, or the damaged part was returned, and that the amount of damage in this case was 40 million won or more, and that the defendant was punished for the same kind of crime at the same time as the judgment of the court below that became final and conclusive, and that the defendant had been punished several times, and the crime in this case constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., which constitutes three years of imprisonment. Considering the extenuating circumstances favorable to the defendant, the court below considered the motive and circumstance leading to the crime in this case, the circumstances before and after the crime, the defendant's age, character and conduct, environment, occupation and family relation, etc., as well as other factors that are the sentencing conditions indicated in the records, it cannot be deemed that the punishment imposed by the court below is too excessive or too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal by the defendant

(However, since it is apparent that "1. AA's statement" was omitted in the part of the summary of the evidence among the reasoning of the judgment below, it shall be corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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