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(영문) 서울고등법원 2017.09.26 2017노2270
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to the confession of all of the crimes of this case and divided his mistake into two parts; the defendant prepared and submitted a written statement to the investigative agency as to part of the crime of habitual larceny; and revealed his own crime; and the defendant voluntarily submitted stolen articles directly possessed after the defendant was arrested or kept in custody of the hospital; with respect to the victim D, E, G, and F, some of the damaged articles among the damaged articles are returned (Provided, That the victim G lapt of the victim G kn in pawnbabbabbabbabababababababababababababab, which appears to have been recovered by the investigative

However, the Defendant found the victim C’s wall in subway and embezzled it without returning it, and stolen cash from the cash withdrawal machine using the check cards that were contained therein, and stolen all six victims, who were under the influence of alcohol in subway platforms and subway stations, department stores underground connections, and wallets, etc., who were under the influence of alcohol, committed each of the crimes of this case.

Furthermore, the Defendant, before committing each of the instant offenses, was sentenced to imprisonment three times with prison labor due to a crime of larceny, a fine of imprisonment with prison labor for a single time, suspension of execution of imprisonment with prison labor for a single time, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) after having been sentenced to imprisonment with prison labor for the same kind of crime. However, at the time when two months have not passed since the execution of the final sentence was completed, the Defendant committed the crime of embezzlement and habitual larceny of the instant possession, and was prosecuted for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

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