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(영문) 서울고등법원 2016.08.26 2016노1673
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant is divided into the crime of this case; and (b) some of the proceeds of the disposal of the damaged goods as a result of the crime of this case were seized and delivered to the victims.

However, the Defendant committed the instant crime after executing the final sentence and releasing the Defendant, even though having been sentenced several times of criminal punishment for the same kind of crime, and the Defendant committed the instant crime at least six times within the short term, and the amount of damage is relatively large, and the Defendant did not recover damage to the victims except for the amount of seized disposition.

In addition, considering all the circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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