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(영문) 서울고등법원 2017.05.19 2017노891

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the Defendant committed each of the crimes of this case under circumstances unfavorable to the Defendant (i.e., the victim’s goods or goods under the influence of alcohol over 15 times during the three-month period, and opened and intrudes with correction devices, etc. at night, and embezzled the owner’s driver’s license license, who has left the possession of the owner, and has committed several criminal offenses of this case; (ii) the Defendant committed each of the crimes of this case even though there were several criminal offenses of the same kind; (iii) the damage amount from each of the crimes of this case was totaling KRW 7,330,000,000, not yet recovered from the victims; and (iv) the Defendant appears to have faithfully lived for about 1 year and six months since the date of the final release of each of the crimes of this case; and (iv) the Defendant appears to have been able to possess some of the charges of this case or attempted crimes of this case, and (iv) some of the charges of this case were found to have been found to have been within the scope of punishment of each of each of each of the crime of this case.

The court below's sentencing seems to have been conducted within the reasonable scope of discretion by fully taking into account the above various circumstances, and the circumstances alleged by the defendant as an unfair reason for sentencing have already been determined by the court below.