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(영문) 서울동부지방법원 2016.11.18 2016노1456
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of imprisonment) is too unreasonable.

2. The Defendant may have been sentenced to punishment for larceny, and, in particular, on July 16, 2014, was sentenced to two years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, etc. and completed the execution of the sentence on May 17, 2016 and became a repeated offender, at the same time when the Defendant did not receive ten days after being released from the prison,

The Defendant’s crime of this case is a theft of precious metal with low value, in light of the interview and planning of the method of crime, and the gravity of damage, etc., by entering the precious metal store as if they were killed, and then neglecting surveillance, and in light of the interview and planning of the method of crime, and the importance of damage, etc.

In addition, the sentence of the court below is not hot in light of the following factors: the defendant's age, character and conduct, environment, etc. and the various conditions of sentencing as shown in the records and arguments.

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

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