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(영문) 서울서부지방법원 2015.02.06 2014노1767
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable that the original court’s imprisonment (two years of imprisonment, a fine of three hundred thousand won) is unreasonable; or

2. Determination factors favorable to the defendant are the fact that the defendant recognized each of the crimes of this case and reflected, and that part of theft damage was returned to the victims.

However, in full view of the factors of sentencing unfavorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant committed each of the crimes of this case during the period of repeated offense due to the same criminal record, the defendant committed each of the crimes of this case by intrusion upon another person's residence, the fact that the method of law was poor, the victim agreed with the victim, or the defendant did not recover damage to the damaged article that was abandoned by the disposition, etc., the sentence of the court below against the defendant is appropriate.

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.

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