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(영문) 서울고등법원 2017.09.21 2017노2262
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and four months) on the gist of the grounds of appeal is unreasonable compared to the extent of the Defendant’s liability.

2. The lower court, based on the circumstances favorable to the Defendant, sentenced to a certain reduction of the term of punishment, rather than before re-examination, by taking account of the fact that the Defendant had been punished for the crimes of the same kind and several times, and even during the repeated period, repeated crimes of this case, the frequency of crimes and the amount of damage, and the failure to fully recover from damage, although considering the circumstances unfavorable to the Defendant, all of the confessions and reflects the Defendant, the victims do not want the Defendant’s punishment, and some of the victims do not want the Defendant’s punishment, and the application of a minor penal provision relatively less than before re-examination.

The lower court’s determination on sentencing appears to have been made within the reasonable scope of discretion by taking into account the following factors: Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, etc.; and there is no obvious change in the sentencing condition that can correct the lower court’s judgment in the first instance court; thus, the Defendant’s assertion that the lower court’s sentencing is unfair is unacceptable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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