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(영문) 서울서부지방법원 2013.07.11 2013노525
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant (one year and six months of imprisonment) which the court below pronounced on the defendant is unreasonable.

2. In light of the following: (a) the Defendant made a confession of the instant crime and recognized his mistake; (b) the Defendant repeatedly committed the instant crime within six months after he/she completed his/her surrender before the original judgment; (c) the Defendant did not reach an agreement with the victims; and (d) the Defendant constitutes a person disqualified for suspension of execution as a repeated offense; (b) the Defendant constitutes a person disqualified for suspension of execution; and (c) the statutory penalty of the instant crime constitutes imprisonment for life or for not less than three years; (b) the lower court, which selected the Defendant for a limited term and sentenced to a maximum sentence; and (c) comprehensively considered all the sentencing conditions, including the Defendant’s age, character and conduct, motive and background of the instant crime, and the circumstances after the instant crime

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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, ex officio and in accordance with Article 25(1) of the Rules on Criminal Procedure, “I’s written statement” is deleted.

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