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(영문) 서울고등법원 2012.04.06 2012노314
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant is under medical treatment due to damage and injury.

2. The lower court determined that the Defendant was sentenced to four years of imprisonment, comprehensively taking into account the Defendant’s age, character and conduct, circumstances after committing the crime, and all other factors of sentencing as shown in the pleading, taking into account the following factors: (a) the Defendant committed the instant crime again for two weeks, even though having been punished for the same kind of crime; (b) the Defendant committed the instant crime again for two weeks; and (c) the Defendant committed the instant crime by confessioning all the instant crimes; and (d) a considerable number of damaged articles were seized and returned to the victims

The above sentence of the court below is given within the scope of the primary mitigated sentence, and considering various circumstances asserted by the defendant in the court of the first instance, including the circumstance that the defendant is receiving medical treatment due to symptoms such as damage, etc., it cannot be deemed that the above sentence of the court below is unfair compared to the degree of the defendant's responsibility for action.

Defendant’s assertion is without merit.

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

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