beta
(영문) 서울고등법원 2019.09.05 2019노856

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below (six years of imprisonment) is too unreasonable.

2. The lower court determined on the grounds of appeal: (a) the Defendant committed the instant crime repeatedly and repeatedly by taking account of the following factors: (b) the Defendant had been punished several times for the same kind of crime (one time of suspended sentence, three times of suspended sentence); (c) 12 days after having been released without being aware of it even during the repeated period; (d) the Defendant committed the instant crime by taking account of the fact that the victim of the instant crime is 29 persons and the amount of damage exceeds KRW 180 million; and (c) the Defendant committed the instant crime by intelligence and repeated means; and (b) the Defendant recognized the instant crime and reflects his mistake, taking into account the circumstances favorable to the Defendant: (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (d) the various conditions of sentencing as shown in the arguments and arguments at the lower court after the crime was committed for six years.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances suggesting that the court below's decision on the grounds of unfair sentencing alleged by the defendant in this court is unfair even if the court below has already considered the defendant's punishment and has taken full account the materials presented during the sentencing hearing of this court.

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

3. An applicant for the determination of compensation regarding the application for compensation shall seek a compensation order of KRW 12 million, which is the amount of damage incurred by the commission of the crime No. 8 in the annexed list of crimes as indicated in the judgment of the court below.

However, in addition to the statement of the victim, the above amount is one of the BF visibility that the defendant stolen.