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(영문) 서울서부지방법원 2014.10.31 2014노1174
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s imprisonment (one year of imprisonment, confiscation).

2. Determination is an element of sentencing favorable to the defendant, such as the fact that the defendant recognized each of the crimes of this case and reflected, that the defendant's health is not good, that the defendant agreed with the victim D of the larceny of this case, and that the amount of each of the crimes of this case is not significant.

However, in full view of the elements of sentencing and various other factors of sentencing indicated in the records of the instant case, including the fact that the instant larceny crime was committed in preparation for cutting machines in advance, and was committed in bad quality of the crime; the Defendant had been punished for the same kind of larceny and fraud several times, but again committed each of the instant offenses; and the Defendant committed the instant fraud during the period of repeated offense, and thus, committed the crime at a disadvantage to the Defendant, the sentence of the lower court against the Defendant is adequate.

3. In conclusion, the defendant'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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