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(영문) 서울서부지방법원 2015.11.05 2015노1296
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of imprisonment (two years of imprisonment, confiscation (No. 1 to 3) is too heavy.

2. The fact that the defendant recognized the crime and reflected in the judgment, the fact that the crime of this case was committed in the attempted crime and did not actually cause any damage, and that the crime of this case was committed in the course of economic difficulties is an element of sentencing favorable to the defendant.

However, the defendant has been sentenced four times to imprisonment with prison labor for the same crime, and the crime of this case is a repeated crime, and this case is discovered that the defendant tried to intrude into the store after destroying the knife of the store by using the cutting machine prepared in advance for the purpose of cutting the new wall time, the knife, and the knife using the knife, and that there is a significant illegality in the method of the crime.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

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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