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(영문) 서울고등법원 2015.08.28 2015노1975

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include the fact that the defendant made a confession of all of the crimes of this case and divided errors, and that the amount of damage caused by each of the crimes of this case is not so significant.

On the other hand, the Defendant committed the instant crime, such as thefting property and taking money using PC, etc. over three times during the repeated crime period in which six months have not passed since he/she had already been subject to criminal punishment several times for the same crime and completed the execution of imprisonment for the same crime, even though he/she had already been subject to criminal punishment, and then he/she committed the instant crime, which is disadvantageous to the Defendant, such as the following: (a) the nature of such crime is bad and potential for criticism; and (b) the victims from the instant crime were not completely recovered, and thus

In full view of all the sentencing conditions, including the defendant's age, family relation, criminal record relation, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.