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(영문) 서울고등법원 2013.04.11 2013노610
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The seized type BOSS bags (Evidence No. 1), one.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant ( Imprisonment with prison labor for four years and six months and confiscation) is too unreasonable.

2. The instant habitual thief is deemed to have stolen cash or goods in the middle of Mapo-gu Seoul Metropolitan Government by intrusioning a glass door, etc. on a shouldered store from February 13, 2012 to September 2012, or by approaching a person under the influence of alcohol on the road. In light of the background of the instant crime, the method and method thereof, the number of damages, the amount of damages, and the circumstances after the commission of the crime, etc., the Defendant was not less likely to be less and less likely to commit the instant thief; further, the Defendant was sentenced to a punishment of one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Western District Court on October 15, 2010, and committed the instant thief again on the same kind of 200 days after completing the execution of the punishment on January 23, 2012.

However, in addition to the crime committed by the Defendant, it appears that the Defendant committed the instant crime in which he/she was aware of all the offenses committed by himself/herself, and that his/her mistake was divided in depth after the execution of the sentence, and that the instant crime was committed in order to have economic difficulties, and the Defendant’s age, family relation, criminal record relation, character and conduct, environment, motive and background of the crime, means and method of the crime, etc., and the recommended sentencing guidelines fall under “basic area” of category 1 (general repeated crime) among “Habitual larceny” in the sentencing guidelines for the thief crime, such as the circumstances after the crime, etc., and the scope of the recommended sentence is two to four years, and the scope of the recommended sentence is “case falling under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes” of the descriptive criteria, and thus, the scope of the sentence and the minimum limit of the sentence are increased by 1.5 times, and the final sentencing range is three to six years.

3. Conclusion.

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