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(영문) 서울고등법원 2017.06.30 2017노1216
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (three years of imprisonment) is too unreasonable.

2. As long as the Defendant was released from the instant crime even though he had had been sentenced several times due to the same crime, the Defendant committed the instant crime. The method of committing the instant crime by destroying a cryptor or by opening a window and impairing and thefting the windows, the Defendant repeated the same criminal act in the short term.

In addition, in full view of all the sentencing conditions as shown in the arguments, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, and the circumstances before and after the commission of the crime, even if considering the circumstances agreed with some victims, the sentence of the lower court, which sentenced the Defendant to a three-year imprisonment with prison labor for a limited term, is not heavier.

The defendant's argument of sentencing is without merit.

3. 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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