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(영문) 서울남부지방법원 2013.12.12 2013노1725
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

Therefore, it is true that there are circumstances to consider the defendant, such as the fact that the defendant was aware of all the crimes of this case and the defendant was divided into his mistake, the victim J and F did not want punishment against the defendant, and a considerable number of victims were returned out of the damaged goods.

However, not only has the history of having been punished several times for the same type of crime, but also the defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on August 19, 2010 on April 11, 201, which was sentenced to imprisonment with prison labor for more than ten months, and the execution of the sentence was completed on April 11, 2011, and thus, again committed each of the crimes in this case during the repeated crime period, and there was no agreement with victims, and the court below has determined the sentence considering the already favorable circumstances to the defendant, and there was no special circumstance or change of circumstances that can be considered newly after the sentence of the court below, and the imprisonment with prison labor for one year and six months, which was sentenced by the court below to the defendant who is unable to suspend the execution, is the lowest sentence, and other various circumstances, including the defendant's age, character and behavior, motive, means and result of the crime, and the circumstances after the crime, etc., it is unreasonable to deem that the sentence of the defendant and his defense counsel, even if considering all circumstances asserted as grounds for appeal, should be reversed.

Therefore, the defendant and his defense counsel's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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