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(영문) 서울고등법원 2014.10.23 2014노2172
특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six months of imprisonment).

2. The sentencing conditions favorable to the Defendant are the following: (a) the Defendant was involved in the instant crime according to the proposal made by B, who is an accomplice; and (b) the Defendant appears to have almost no direct profit from the crime.

However, the defendant, etc., committed the crime of this case without being aware of the nature and behavior of the defendant, environment, motive, means and consequence of the crime, etc., considering various circumstances, such as the following factors: (a) the defendant committed the crime of this case without being aware of the fact that he was sentenced to imprisonment with prison labor for 10 months in June 2012; and (b) the scope of recommendations according to the sentencing guidelines of the Sentencing Commission by the Sentencing Commission (the basic area among June - 1 year and 6 months; (c) the basic area among types 2 (general theft) of general property theft) and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, it cannot be deemed that the sentence of the court below is too unfair.

Defendant’s assertion is without merit.

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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