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(영문) 서울고등법원 2015.06.19 2015노1246

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years and six months of imprisonment and confiscation) is too unreasonable.

2. From the early stage of the investigation, the fact that the defendant committed the crime, such as voluntary commission of the crime, and misunderstandings all the criminal acts, and lastly, the defendant's efforts to live as normal members of society near two years after the execution of imprisonment with prison labor, and the fact that the defendant's economic difficulties seems to result in the remaining crime of this case, are considered favorable to the defendant.

However, even though the Defendant had had been sentenced several times of punishment for the same crime, he did not abandon the habit of larceny, and again committed the crime of this case repeatedly under the same several laws. Six times among them, the crime was committed during the period of repeated crime due to the same crime, and the nature of the crime is not good. The sum of money and valuables stolen against 26 victims during a period of up to one year and seven months reaches 28 million won, damage recovery is not properly performed, and other various sentencing conditions in this case, such as the Defendant’s age, character and behavior, environment, motive, background, means and consequence of the crime, circumstances after the crime, etc., do not seem to be too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.