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(영문) 서울고등법원 2013.09.13 2013노2474
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

However, in full view of all the sentencing conditions, including the Defendant’s age, family relation, criminal record, occupation, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, even though the Defendant had been sentenced to punishment for the same kind of crime, even though the Defendant had already been sentenced to punishment for the Defendant, it cannot be deemed that the lower court’s punishment is unreasonable insofar as it sentenced the Defendant to the minimum punishment within the scope of discretionary mitigation.

Therefore, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the appeal by the defendant is groundless.

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