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(영문) 서울고등법원 2017.09.07 2017노1629

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The court below decided that the defendant committed the crime of this case again within ten days after he was sentenced to imprisonment with prison labor for the same kind of crime, and that the defendant was punished several times for the same kind of crime. However, the court below decided the sentence within the recommended range of sentencing guidelines by taking into account the circumstances favorable to the defendant's economic difficulties, and considering the fact that the defendant was punished for the crime of this case.

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendant does not accept the defendant's unfair argument.

3. In conclusion, 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.