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(영문) 서울고등법원 2013.08.30 2013노1835

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The sentencing of the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized each of the crimes of this case and reflected against the defendant is favorable to the defendant.

However, the defendant has already been punished for two times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution of the final sentence has been completed, and again committed the same crime during the period of repeated crime not exceeding one year.

In addition, the victims of the instant crime and the number of crimes are high, and the amount of damage is up to 98 million won, and the Defendant’s disposal of stolen property did not properly recover from damage, etc. are considered disadvantageous circumstances.

In addition, considering all circumstances that form the conditions for sentencing as shown in the pleadings, such as the Defendant’s age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime, the sentencing of the lower court against the Defendant is too unreasonable.

Therefore, the defendant's ground of appeal 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.