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(영문) 서울중앙지방법원 2015.08.27 2015노2649
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Although the Defendant had been already sentenced six times or more due to the same or similar crime, he again committed the instant crime during the period of repeated crime, and the Defendant committed the instant crime repeatedly and repeatedly in a short period, etc., that is disadvantageous to the Defendant.

On the other hand, the fact that the defendant made a confession of a crime and reflects in depth, and that the amount of damage is not significant is favorable to the defendant.

In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Both arguments are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion 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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