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(영문) 서울고등법원 2013.03.22 2012노4452

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The judgment of the court below was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Central District Court on November 24, 2005. On October 10, 2008, the Daegu District Court sentenced four years to imprisonment with prison labor for robbery, injury, etc. and completed the execution of the sentence on July 27, 2012. The defendant committed the crime of this case from the time when he was sentenced to punishment for the same kind of crime as the crime of this case on several occasions, but the amount of damage of the defendant was not significant. However, on December 30, 2003, the defendant was sentenced to imprisonment with prison labor for a special larceny, etc. at the Seoul Central District Court on December 24, 2005. The defendant was sentenced to imprisonment with prison labor for a more than one year, and the defendant was sentenced to imprisonment with prison labor for more than one month from the time when the execution of the sentence was completed, and the defendant did not appear to have been arrested.

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.