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(영문) 서울고등법원 2017.04.13 2017노692

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable in light of the defendant's personal illness, motive, social relationship, etc.

2. In addition to the Defendant’s criminal history and recidivism within a short period after the completion of the sentence, which the lower court explained on the grounds of sentencing, the lower court’s judgment comprehensively considered all the sentencing conditions indicated in the records and theories of the instant case, including the fact that the criminal act as stated in Article 2012 senior 926(1) of the judgment of the lower court was prepared as an accomplice and cargo vehicle in advance and that the method of the crime is planned, and thus, it is not deemed unfair since the Defendant’s sentence imposed by

Defendant’s assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. However, pursuant to Article 25 of the Regulation on Criminal Procedure, Article 331(2) of the lower judgment’s “Article 331(2)” is “Article 331(2) and Article 331(1) of the same Act,” and “the Act on Specialized in Credit Financial Business” is amended ex officio as “the former Financial Business Act (amended by Act No. 11410, Mar. 21, 2012).” It is so decided as per Disposition.