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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2004.09.15 2004노2868
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

The number of days of confinement before the pronouncement of this judgment shall be 56 days including the penalty in the original judgment.

Reasons

The gist of the defendant's grounds for appeal is that the defendant's act of this case was committed again during the period of repeated crime, the victims did not agree, and the act of theft was committed professionally against the precious metal store. Considering the circumstances that led to the crime of this case, the circumstances leading to the crime of this case, contents, means and result of the crime, the age, character and conduct of the defendant, intelligence, environment, etc. of the defendant, and the sentencing factors in the records of this case including the defendant's age, character, environment, etc., in the future, the sentence of the court below is unreasonable. Thus, even if the defendant asserts that the defendant had been punished several times during the period of repeated crime, the defendant's act of this case was committed again during the period of repeated crime, and the defendant's act of larceny was committed professionally against the precious metal store, the circumstances leading to the crime of this case, the contents, means and result of the crime, the circumstances of the defendant's age, character and behavior, etc., the defendant's age, character, environment, etc., the defendant's assertion is unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and 56 days of confinement prior to the pronouncement of judgment shall be included in the punishment of the court below, by applying Article 57 of the Criminal Act.

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