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(영문) 서울고등법원 2013.04.05 2012노4372

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (four years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant’s mistake is in profoundly against the Defendant; (b) the motive for the Defendant committed the crime to prepare open care treatment expenses; (c) some of the damaged items have been returned to the victim H; and (d) the Defendant’s repeated commission of the crime during the 1985 incident was against the Defendant’s 1985 incident; and (e) has re-confited, and reflected,

The Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) committed on May 29, 2002, including three years of imprisonment and three-year protective custody on May 29, 2002, two years of imprisonment on February 9, 2006, and three years of imprisonment on June 5, 2009, and one hundred times of imprisonment, and two months after being released on April 12, 2012, and two months later, again, the Defendant went to the instant crime. The crime was committed with a special criminal tool or with his accomplice, and there is a high risk of repeating the crime, and the victim did not reach a considerable degree of damage, and all victims were punished for the Defendant; the victims were able to live in prison for about 27 years; and there is lack of social contact with their family members.

In addition, in full view of the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc., various conditions of sentencing according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court, and the sentencing guidelines [decision of types] of habitual and repeated crimes, ordinary habitual and repeated crimes, [decision of the recommended area] 2 years and 4 years in the basic area [the sentencing range of recommendations] 3 years and 6 years (in the case of Article 5-4 (6) of the Special Treatment Act, the upper limit and lower limit of the sentence range shall be increased by 1.5 times) etc., the sentence imposed by the court below is too unreasonable.