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(영문) 서울고등법원 2013.12.20 2013노3449
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

There are circumstances that can be considered in light of the circumstances, such as the fact that the Defendant recognized all the crimes of this case and reflects the mistake, most of the damaged goods were returned to the victims, the victim D and H did not want to punish the Defendant, and the degree of assault inflicted on the victim of quasi-Robbery was not limited.

However, the Defendant had already been sentenced to several punishments due to the crime of larceny of the same kind. Nevertheless, the Defendant intruded into a residence during the period of repeated crime and repeated the same thief crime. In particular, one of them, when it was discovered that the Defendant intruded into a residence and stolen objects, and led up to the commission of robbery that assaulted the victim to escape arrest. In full view of all of the sentencing conditions, including the Defendant’s age, family relation, criminal records, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the Defendant’s assertion is not reasonable, since it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.

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