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(영문) 서울고등법원 2013.06.20 2013노1425

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (six years of imprisonment and confiscation) by the lower court to the point of the reasons for appeal is too unreasonable; and

2. It is recognized that the circumstances such as the confession of the Defendant and reflects his mistake, and the Defendant’s consent to the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act does not want the punishment of the Defendant.

However, on July 30, 1984, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and one year and six months for the same crime at Suwon District Court on December 23, 1994; on August 19, 2003, the Defendant was sentenced to imprisonment with prison labor for the same crime at Seoul High Court for a period of one year and six months; on February 12, 2008, at Suwon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes). The Defendant repeatedly committed the instant crime under the same Act without prison labor for a repeated period of two years or more, and the sentencing guidelines for the victims.