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(영문) 서울고등법원 2014.07.18 2014노1459

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

Judgment

The defendant reflects the crime of this case and reflects his mistake, and the defendant is a large number of defendants.

There are circumstances that can be considered in light of the circumstances, such as the fact that a person was unable to make a living because of his or her multi-level reason, and the fact that some of the damage was not much severe but has been returned.

However, the Defendant has already been punished five times, including four times of punishment due to the crime of larceny of the same kind. Nevertheless, the Defendant repeatedly committed the same thief in a short time only five months after the execution of the final sentence is completed at the same time, and the victim did not agree with the victim, and thus the victim wants to punish. In full view of the jury’s opinion on sentencing, Defendant’s age, family relation, criminal record, character and conduct, environment, motive and circumstance of the crime, method and method of the crime, and circumstances after the crime, etc., the Defendant’s argument is not justified.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.