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(영문) 서울고등법원 (춘천) 2010.09.08 2010노56

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of imprisonment) is too large and unfair.

2. It is recognized that the crime of this case was due to the mental illness of the defendant, i.e., shock disorder, and that the defendant led to the confession of the defendant, and that the amount of damage was not significant.

However, considering the fact that the Defendant had a total of 12 previous criminal records, and there are many criminal records of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant did not make any effort to recover from damage, and that the Defendant did not make any effort to recover damage, the lower court’s punishment is appropriate and too unreasonable, in light of all the sentencing conditions shown in the argument of the instant case, including the Defendant’s age, character and conduct, the background and consequence of the instant crime, and the circumstances after the crime.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.