beta
(영문) 서울고등법원 2014.07.10 2014노1165

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (five years of imprisonment and of confiscation) is too unreasonable.

2. The judgment of the defendant is a condition for sentencing favorable to the defendant, such as the fact that his mistake is divided in depth, and certain damaged goods have been temporarily returned to the victims.

However, the Defendant committed the instant crime within a short period from the end date of the final sentence even after having been sentenced to punishment several times for the same type of crime. The instant crime was committed over three months, the amount of damage was reasonable, employment at a convenience store for larceny, etc. In full view of various circumstances, including the victims’ age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., comprehensively taking account of the following: (a) the Defendant committed the instant crime; and (b) the Defendant’s argument is without merit.

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.