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(영문) 서울남부지방법원 2017.04.13 2016노2423

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's depth reflects the grounds for appeal, each of the crimes in this case committed contingently because of economic difficulties, and the occurrence of damages caused by each of the above crimes, etc., the punishment (one year of imprisonment) sentenced by the court below is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

In addition, the defendant not only had been punished 13 times for the same crime, but also committed each of the crimes in this case during the period of repeated crime due to intrusion theft at night.

In the lower court, the lower court already sentenced the maximum sentence within the scope of the sentence that reduced the amount of a small wage to the Defendant.

In addition, considering various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the following factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the reasons for sentencing of the lower judgment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.