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(영문) 서울고등법원 2014.10.31 2014노2675
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (four years of imprisonment) is too unreasonable.

Judgment

There are circumstances that can be considered in light of the circumstances, such as the Defendant’s full recognition of the instant crime and reflects the mistake, the Defendant committed the instant crime in a state where it was economically lacking contact with his/her family members after long-term convicting, and the Defendant suffers from urology and hurbane disc, and the Defendant was a criminal recorder and was unable to seek jobs due to bullying due to his/her own negligence.

However, the Defendant had already been sentenced several times of having been sentenced to punishment due to the crime of larceny of the same kind; however, it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable in light of all kinds of sentencing conditions, including the Defendant’s age, family relation, criminal record relation, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., since it is not recognized that the Defendant’s assertion is too unreasonable in light of the following: (a) the Defendant committed the crime of larceny and the embezzlement of stolen articles, etc., which begin on two days after the end of the execution of the final sentence; (b) the Defendant damaged the glass window of the vehicle parked by the Defendant; or (c) infringed upon the entrance of the parking fee settlement office by damaging the property after destroying the entrance of the vehicle parked; and (d) the

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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