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(영문) 서울고등법원 2014.04.25 2014노479

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (three years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case is committed by the Defendant with money and valuables worth KRW 160,000,000, in total, four times throughout the course of committing the act of taking another person into the automobile maintenance facility or industrial company, etc., and is committed only once, and such crime is serious in light of the method and frequency of committing the crime.

The Defendant had a past record of criminal punishment for the same crime, and was sentenced to two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in 201, and committed the instant crime in addition to six months after the execution of the sentence was completed.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions in this case, including the circumstances after the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, the sentence of the lower court, which determined the lower court’s maximum punishment subject to discretionary mitigation, cannot be deemed unfair because it is too unreasonable.

B. Therefore, the 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.