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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2014.12.26 2014노2750
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, and comprehensively considering the fact-finding and the fact-finding that there is a criminal record identical to the Defendant, and that the method of crime becomes more specialized and occupationalized, each of the thief crimes of this case can be seen as attributable to the Defendant’s theft habits. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too uneasible and unfair.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. The court below's decision 1) misunderstanding of facts and misunderstanding of the legal principles as to prosecutor's argument that ① the defendant has no record of investigation or punishment except punishment once in 2008, ② the defendant stolen the cash from other person's property while being punished in 2008, and there is a different method from each of the crimes in this case, ③ the defendant lives in a sobry and part-time, and the defendant lives in a life, ③ there is no job at the time of each crime in the judgment, and there is no cost of living, and there is no way to raise food expenses. In light of the above circumstances, it is difficult to conclude that the defendant committed larceny or attempted to steals another person's property more than seven times in the same way as stated in the facts constituting the crime, and there is no other evidence to acknowledge it.) The court below's decision that there is no legitimate ground to acknowledge the defendant's conviction in light of the court below's decision that there is no other evidence to acknowledge it.

B. The Defendant has already rendered judgment on the assertion of unfair sentencing.

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