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(영문) 서울고등법원 2012.11.22 2012노2829

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (four years of imprisonment) imposed on the accused is too unreasonable, due to the gist of the reasons for appeal.

2. The judgment of the Defendant is favorable to the Defendant, such as the fact that all of the instant crimes were led to the confession, the fact that the Defendant is breaking his mistake in depth, and the Defendant is aged and is not deemed to have good health.

However, each of the crimes of this case was committed in a restaurant, etc. used by the public in order to avoid suspicion of people in the surrounding areas, and stolen credit cards are stolen and used. In light of the fact that the crime is planned, the number of crimes is multiple and the amount of damage exceeds 10 million won, and the defendant has been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, including the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. In particular, the defendant has been sentenced more than three years and six months, and the execution of the crime of this case began to be prevented only ten days after the completion of the execution of the crime of this case. Considering the circumstances that were punished several times due to the larceny of the same law, the risk of recidivism is not low, considering the victims and the defendant's age, the victim and the defendant's age, the method and method of the crime, the circumstances of the sentencing guidelines of the court below's recommendation and its opinion are not recognized, and there is no reason to find the sentencing of the sentencing guidelines of the court.

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.