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(영문) 서울중앙지방법원 2014.06.20 2014노1263
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (two years of imprisonment) is too heavy in consideration of the fact that the defendant reflects the gist of the grounds for appeal, the amount of damage is minor and efforts are made to recover damage, and the defendant is unable to control shock.

2. In full view of the records and arguments of this case including the Defendant’s age, character and conduct, family environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., even if considering the aforementioned circumstances, it is not recognized that the lower court’s sentence imposed by discretionary mitigation is too unreasonable, even if it is considered that the Defendant’s above circumstances were considered, and thus, 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, although the judgment of the court below ruled that the crime of this case was committed during the period of repeated crime, but it omitted the application of the law on aggravation of repeated crime due to mistake, so it is corrected that "the proviso of Article 35 and Article 42 of the Criminal Act is added to the column of application of the Criminal Procedure Code in accordance with Article 25 of the Rules on Criminal Procedure."

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