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(영문) 서울고등법원 2014.04.24 2014노584
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court to the accused (five years of imprisonment) against the summary of the grounds for appeal is too unreasonable.

2. The facts that the judgment defendant led to the confession of the crime of this case and reflects on the defendant are favorable to the defendant.

(E) As to the motive for committing the crime against the victim's female-friendly job offers victim E, the defendant asserts that "E has made an attempt to live together with the defendant and talked about the same person as the defendant." This motive for committing the crime is not a favorable reason. However, even if the defendant had already been sentenced several times of punishment due to the same kind of crime, he/she again committed the same kind of crime for two months after release, and the same act was committed several times after release, and even if there was a history of having already been sentenced several times of punishment, he/she did not make any effort to recover damage, and the criminal act was committed several times again at the same time as the previous criminal power, and it is very poor that the nature of the crime was committed because he/she infringed upon another's residence and stolen money and valuables. The victim did not agree with the victims, and the defendant did not make any effort to recover damage.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances constituting the conditions for sentencing, such as the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines (one year to six years from imprisonment), etc., the lower court’s sentence is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing 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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