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(영문) 서울서부지방법원 2013.04.04 2012노1513
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

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

Judgment

However, even though the defendant is found to have committed a crime, he is found to have committed a crime that is against the wrongness while making a confession of all the crimes, the defendant can have the same record of committing the crime, and on October 17, 2009, the Seoul Western District Court sentenced the defendant to imprisonment with prison labor for night-time structure intrusion larceny on the part of eight months on April 10, 2010 and again committed the crime of this case without being aware of it during the period of repeated crime even after the execution of the sentence was completed on April 10, 2010. The crime of this case is a serious criminal whose statutory punishment is imposed by imprisonment with prison labor for life or for more than three years under Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes. The court below's sentence is too unfair, taking into account all other circumstances, such as the fact that the court below sentenced the maximum sentence of imprisonment with prison labor for less than one year and six months, and the circumstances and means of the crime of this case, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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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