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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.05.10 2013노787
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six years) imposed by the court below on the defendant is too unreasonable.

2. The circumstances that are favorable to the defendant include: (a) the fact that the defendant recognized the error in all; (b) the fact that the defendant used most of the stolen or stolen property as hospital expenses or living expenses, etc.; (c) the defendant suffers from the pain of the defendant's death in prison due to the instant case; (d) the defendant must support his/her mother and child; and (e) the fact that the victim N, L,O, and T appears to have not want to be punished by the defendant.

The defendant, mainly, steals another's property throughout 11 times against a crime committed by a private teaching institute, illegally uses a stolen credit card to purchase precious metals, etc. on five occasions, and defrauds the property, and in light of the circumstances and details of each crime, the majority of the victims and the criminal records are very poor, and the defendant has been punished seven times or more due to the same type of larceny, and in particular, the defendant again commits the crime of this case since he was sentenced to imprisonment for a year and six months and was released from prison due to the same habitual larceny and the crime of unlawful use of credit card, etc., nine months and less since he was sentenced to imprisonment for a year and six months. The victims did not recover from damage to the victims, and most victims want to be punished by the defendant, and in light of the criminal records or the criminal records of the defendant, it appears that the risk of recidivism is high.

In addition, various conditions of sentencing such as the defendant's age, criminal record, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, and the basic crime of O basic within the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee - the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the decision of type of punishment) shall be habitually stolen.

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