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(영문) 서울고등법원 2016.12.21 2016노3234

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below ( Imprisonment with prison labor, three years and six months, and confiscation) is too unreasonable.

However, the crime of this case was committed by the defendant habitually over two times.

The Defendant recognized all of the crimes of this case, and is in depth repenting his mistake.

The damage of the crime No. 2 in the decision of the court below was restored to the victim after the defendant was arrested.

Such circumstances can be considered in light of the circumstances favorable to the defendant.

On the other hand, the defendant has been sentenced to punishment for the same kind of crime and has been punished several times. In particular, the defendant committed the crime of this case on July 25, 2016 after the completion of the execution of punishment for the same kind of crime.

There was no agreement between the defendant and the victims on the damage of the crime of Paragraph 1 in the judgment below.

Such circumstances are disadvantageous to the defendant.

In addition, in full view of all the sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequences, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.