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(영문) 서울고등법원 2018.05.31 2018노1019

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

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

2. The lower court, as indicated in its reasoning, sentenced the above sentence on the grounds that the Defendant was sentenced to the above punishment, and all of the facts charged are recognized by the Defendant, and the Defendant was deprived of his parent at the time of their release, and the Defendant was physically ill. Although several previous crimes have been committed on October 2017, the circumstances favorable to the sentencing asserted on the grounds of appeal, such as: (a) even though the Defendant committed several previous crimes, and (b) efforts to work as a cleaningman, etc. without committing any longer crime, and (c) committed the instant crime due to economic difficulties; and (d) the Defendant committed the instant crime on the grounds that it was inevitable.

In light of such circumstances, considering the circumstance that the Defendant’s instant act was committed several times as a crime of the same type, and the execution of the final sentence was terminated only three months after the execution of the sentence was terminated, the lower court’s sentencing did not seem to have exceeded the reasonable scope of discretion, and it is reasonable to respect the lower court’s sentencing on the grounds that there was no particular change in the conditions of sentencing in the first instance trial.

Therefore, the defendant's argument of sentencing is without merit.

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.