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(영문) 서울고등법원 2014.12.18 2014노2703
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six years of imprisonment).

2. The fact that the Defendant recognized all of his/her criminal acts and reflected in his/her judgment is the conditions for sentencing favorable to the Defendant.

However, the crime of this case is committed on the Internet by finding schools where it is anticipated to neglect surveillance after ascertaining the academic schedule of the nationwide elementary school through the Internet, thereby thefting money and valuables by teachers, and the nature of the crime is very poor as the planned, professional, and continuous crime using the stolen credit card. The defendant committed the crime of this case during the repeated crime even though he had been sentenced several times of punishment due to the same or similar veterinary act, despite the fact that the defendant committed the crime of this case during the repeated crime period, although the defendant did not take any particular measures to recover victims' damage although the amount of damage caused by the crime cannot be deemed to be minor, and the defendant did not take any other measures to recover victims' damage in full view of the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime. Thus, the defendant's assertion is without merit.

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

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