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(영문) 서울서부지방법원 2013.09.24 2013노642
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy to the court below's punishment (two years of imprisonment);

2. The sentencing factors favorable to the Defendant are the following: (a) the Defendant made confessions and reflects all the instant crimes; (b) there are circumstances to consider the circumstances leading to the instant crimes; and (c) there are family members to support the Defendant.

However, as stated in the first head of the crime of the judgment below, the defendant had a record of being punished several times for the same kind of crime, each crime of this case is deemed to have committed a theft of property by the defendant habitually intruded the victim's residence, the victim's amount of damage not only is significant but also has not been paid up to now, and the extent of recommendation according to the sentencing guidelines of the Supreme Court is from 2 years to 4 years, and thus, the defendant's argument is rejected. Thus, the defendant's argument is not accepted.

3. 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.

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