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(영문) 서울고등법원 2014.05.01 2014노421
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The sentencing conditions that are favorable to the Defendant are the following: (a) the Defendant’s mistake in this Court has been pened in depth; (b) the Defendant is arrested immediately after the commission of the crime and appears to have been returned to the victims; and (c) there are some circumstances to consider the motive of the instant crime in light of the ex post facto evidence before and after the month.

However, even though the Defendant had been already sentenced several times of punishment for the same crime, he again commits the instant crime within a short period from the end of the execution of the final sentence, and the lower court, considering the Defendant’s repeated mitigation of mental and physical disability and discretionary mitigation, comprehensively taking into account the Defendant’s age, character and conduct, intelligence and environment, and other various circumstances, including the Defendant’s age, character and behavior, environment, and circumstances after the crime, the lower court’s punishment is too unreasonable and unreasonable.

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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