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(영문) 서울중앙지방법원 2014.10.30 2014노3359
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment and confiscation, additional collection of KRW 1,500) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The Defendant, who judged the grounds for appeal, made a confession of all the crimes of this case, and repented in depth the mistake.

In addition, money and valuables stolen by the defendant were seized to the investigation agency immediately after the crime was committed and returned to the victim.

However, the defendant committed the crime of this case in addition to four months after he was released from prison, even though he had been punished several times of imprisonment for the same crime.

The Defendant, who was prepared in advance at night, invadedd another’s residence by using Raber, knob, etc., or other criminal tools, and stolen money and valuables equivalent to KRW 20 million, and is also bad.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

(However, according to Article 25(1) of the Rules on Criminal Procedure, each of the "proviso of Article 42" shall be added to the fifth and seventh end in the application of the law of the judgment of the court below.

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