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(영문) 의정부지방법원 2014.06.19 2014노540
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. Although the sum of the damage amount in this case was only about 2 million won, the defendant had four identical criminal records, among which two criminal records were committed, two times criminal records were sentenced to probation, and the criminal records were sentenced to probation, and the sentence of the court below was the maximum statutory penalty which was sentenced to discretionary mitigation, and other sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, cannot be deemed as being too unreasonable in light of all the sentencing conditions indicated in the records of this case.

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

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