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(영문) 서울고등법원 2015.01.08 2014노2426
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court to the accused (three years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. In light of the judgment, the Defendant’s instant crime constitutes Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, including the instant crime, and Articles 319(1) and 329 of the Criminal Act. The sentence imposed by the lower court is a statutory minimum sentence, since the sentence imposed by the Defendant is a discretionary sentence, and the Defendant’s punishment is a statutory minimum sentence, and there is no other reason for mitigation. Thus, it cannot be said that the lower court’s sentence is too unreasonable.

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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