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(영문) 서울고등법원 (춘천) 2013.07.03 2013노85
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The circumstances that can be considered in favor of the defendant are that the defendant led to the confession of the crime of this case and shows an attitude against the defendant, and that the defendant's health condition is not good.

However, in light of various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court is too unreasonable because it is too unreasonable, given that the Defendant’s punishment imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

(However, since the application of the law of the court below omitted the “unlimited choice of imprisonment” at the end of the relevant provision of the Act on Criminal Facts, it is corrected to add the “unlimited choice of imprisonment” in accordance with Article 25 of the Regulation on Criminal Procedure.

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