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(영문) 서울고등법원 2013.12.06 2013노2819

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentencing of the court below against the defendant (three years of imprisonment) is too unreasonable.

On October 4, 2002, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Seoul District Court’s North Korea Branch, and was sentenced to imprisonment for the same crime at the Seoul Central District Court on February 11, 2005, and was sentenced to three years of imprisonment with prison labor for the same crime at the Busan High Court on February 8, 2007, and was sentenced to three years of imprisonment with prison labor for the same crime at the Seoul High Court on June 10, 2010, and committed the instant crime on May 14, 2013 after the execution of the sentence was completed, so the instant crime constitutes Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the lower court, on the grounds that: (a) decided to be sentenced to imprisonment with prison labor for the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) sentenced to imprisonment with prison labor for a limited term of not less than 6 years but not more than 50 years; and (c) sentenced to a maximum term of imprisonment with prison labor for a limited term of not less than 3 years and not more than 25 years; and (d) sentenced the Defendant to a lower term

Therefore, it cannot be said that the sentencing of the court below against the defendant is too unreasonable.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.