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(영문) 서울서부지방법원 2014.08.29 2014노801
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (one year and six months of imprisonment) is too heavy;

2. The judgment is the circumstance favorable to the defendant, such as the fact that the defendant led to the confession of the crime and seriously reflects his mistake, the fact that the female and health status are not good in living conditions, and the fact that the club fees of the dancing team in operation and the family want to live in the Defendant’s preference.

However, in light of the fact that the amount of damage is a large number of victims, the defendant did not agree with the victims or did not compensate for the damage, the defendant was sentenced to a suspended sentence or a fine due to larceny, and the defendant committed the crime of this case during the period of suspended execution of punishment as above, there are no changes in circumstances that may be particularly considered in the trial, and the sentence of the court below is no longer likely to be mitigated by falling under the minimum sentence of imprisonment (one year to June 15) under the law, and all other factors of sentencing specified in the arguments of this case, including the defendant's age, character and behavior, career, environment, etc., the sentence of the court below against the defendant is proper.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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