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(영문) 서울동부지방법원 2014.11.07 2014노1233
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and two months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime in favor of the Defendant, such as: (a) the Defendant was living together with her mother, and the Defendant appears to have committed the instant crime in order to prepare living expenses, etc. when she living together with his or her mother was unable to meet economic conditions; and (b) the amount of damage from the instant crime was not much high; (c) the instant crime was committed in favor of the Defendant; (d) the Defendant committed the instant crime, while working as an employee of a amusement room in the management of the victim, was committed against the trust of the Defendant while she was working as an employee in the amusement room in the operation of the victim; and (e) the nature and circumstances of the crime are not good; (e) the Defendant was sentenced twice to the suspension of the execution of imprisonment with prison labor due to larceny in around 2011; and (e) the Defendant committed the instant crime again for a period of one year without being aware of having been sentenced to imprisonment with prison labor for larceny in around 2013; (e) the Defendant did not receive a letter from the victim or recover damage therefrom; and there were no extenuating circumstances that the Defendant’s motive, motive and circumstances and the Defendant’s of punishment following the Defendant’s.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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