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(영문) 서울고등법원 (춘천) 2019.05.01 2019노33

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the Defendant, who was sentenced to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, was committed again from around nine months before the end of the sentence on August 17, 2017, even though the Defendant had been a repeated offender after the completion of the enforcement of the sentence, and committed again from May 2018, the Defendant was punished for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) six times before and after the Defendant was punished for the larceny crime including the above repeated offender, multiple victims of the crime, and the number

On the other hand, the defendant seems to have committed a crime in the investigative agency, and the defendant's value of stolen property through the 27th theft crime is the total amount of 3,343,460 won if the market value of the stolen property is excluded from the market value of the goods, and the considerable amount of the damaged goods has been confiscated and temporarily returned to the victims.

In addition to these circumstances, considering all the sentencing factors in the proceedings of the present case including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence of the lower court is deemed to be too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is justified. In so doing, the Defendant’s assertion of unfair sentencing is justified.

3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.