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(영문) 서울고등법원 2018.09.19 2018노1633

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (four years of imprisonment) is too unreasonable.

2. The Defendant recognized that all of the crimes of this case were committed, and the mistake is divided.

The defendant seems to have repeatedly committed the theft crime like this case due to poor family environment and difficulty in living.

However, even though the Defendant had been sentenced several times due to habitual larceny, the Defendant committed each of the crimes of this case in only five months since the execution of the final sentence was completed, and the Defendant committed each of the crimes of this case. The Defendant committed the crime in a planned manner, such as decentralization of attention by shouldering some eggs in the store operated by the victim in order to steals the object, or delaying the boundary with the victim, with the victim, and not restoring the damage.

In full view of such circumstances and other various conditions of sentencing as the Defendant’s age, sex, occupation, environment, family relationship, motive and method of the instant crime, and circumstances after the instant crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

The Defendant’s assertion is difficult to accept.

3. The defendant's appeal is dismissed on the ground that it is without merit.