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(영문) 서울고등법원 2015.01.08 2014노2980

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court to the accused (four years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant confessions all of the crimes of this case and reflects them, certain damaged items have been returned to the victims, and some victims do not want punishment against the defendant.

On the other hand, as stated in the judgment of the court below, the defendant committed the crime of larceny 28 times or thief by impairing the locking system through intrusion upon the middle school classroom, the welfare hall, the church, etc. for about 2 months from the beginning of the crime of this case after completing the execution of the last imprisonment with prison labor, which had been sentenced several times for the same crime as stated in the judgment of the court below, and the defendant committed the crime of larceny at least 3 months from the beginning of the crime of this case, and even while being detained as the crime of this case, he demanded several readings, and violated the regulations of detention center by avoiding disturbance.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances constituting the conditions for sentencing, such as the circumstances after the commission of the crime, and the scope of recommended sentence according to the sentencing guidelines (two to six years of imprisonment), it is difficult to deem that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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.