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(영문) 서울중앙지방법원 2014.10.23 2014노3126
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal is against the defendant, that the crime of this case is against the living offender, that the defendant must support the defendant's family members who are not healthy, and that the economic situation of the defendant is difficult, the punishment of the court below (one year of imprisonment, three years of fine, three hundred thousand won of fine, and confiscation) is too unreasonable.

2. In full view of the following factors: (a) the Defendant committed the instant larceny during the period of repeated crime due to the same crime; (b) the number of larceny crimes is not good; (c) most of them is not recovered; (d) most of the damages have not been recovered; and (e) the Defendant’s age, character and conduct, the background and consequence of the instant crime; and (e) all the sentencing conditions as indicated in the instant pleadings, including the circumstances after the crime, even if considering the circumstances of the Defendant’s assertion, it cannot be said that the sentence of the lower

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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