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(영문) 서울동부지방법원 2014.01.09 2013노1407
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for the lower court’s imprisonment (eight months of imprisonment).

2. The judgment of the court below shows that the amount of damage caused by the Defendant’s instant crime was not so significant, the investigative agency, the court below, and the court of original trial, as a substitute for the above favorable circumstances, committed the Defendant’s crime, and committed an agreement with the victim E and F, and the mobile phone under paragraph (3) of the crime, which appears to have been returned to the owner (section 24 of the investigation record). However, there are extenuating circumstances to consider the crime in favor of sentencing, such as the fact that the Defendant was sentenced to imprisonment for 8 months with prison labor for larceny on November 21, 2012 and without being informed of the fact that the Defendant was sentenced to 2 years of suspended sentence during the period of suspended sentence, the above suspended sentence becomes null and void, the sentence of the court below seems to have taken into account all the above favorable circumstances, and there is no change of circumstances that could change the Defendant’s age, character, conduct and environment, career, occupation, career, circumstances, method and consequence of the instant crime, and circumstances before and after the crime.

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 without merit. It is so decided as per Disposition.

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