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(영문) 서울동부지방법원 2014.07.18 2014노770
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years of imprisonment) is too unhued and unfair.

2. The crime of this case is a case where the defendant habitually drives a stolen cargo vehicle from a market or marina merchant with no license for a long period of four times. It is considerably planned and considerable frequency of the crime. It is very poor that the crime of this case has been punished several times due to the same crime (five times of actual punishment and two times of suspended execution). The defendant committed the crime of this case again during the period of repeated crime (the crime of this case in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes). Since punishment is imposed only for life or for three or more years, the sentence of punishment is inevitable because most of the defendants did not recover from most damage and did not receive from the victims. However, the defendant's attitude is dissatisfying the defendant's wrong life through confinement for a long time, and there is no reason to believe that the defendant's mother's age was too favorable to the victim, and there are no other circumstances that the defendant's motive and condition of the crime of this case were returned to the victim.

3. In conclusion, the prosecutor'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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