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(영문) 서울고등법원 2014.10.17 2014노2179
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of three and a half years of imprisonment sentenced by the court below is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake, the frequency of the crime is excessive twice, the victims are small amount of damage, and the defendant agreed with the victim F, there is a need for strict punishment of the defendant in light of the fact that the defendant committed the crime of this case again during the period of repeated crime, which has not yet been long after having been released ten times and has not yet been released, and the defendant committed the crime of this case. In addition, it cannot be said that the court below's punishment is too unreasonable by taking account of various sentencing factors shown in the records and arguments of this case, such as the background and method of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, and family relationship.

3. 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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