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(영문) 서울고등법원 2018.10.11 2018노1933
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the Defendant committed the instant crime at once during the repeated crime period, even though the Defendant had been punished several times, taking into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant committed the instant crime during the repeated crime period, the fact that the damage was not recovered, and the fact that the amount of damage was relatively large, and that the Defendant appears to have come to commit the crime due to difficulties in living, etc., taking into account the favorable circumstances in favor of the Defendant, and comprehensively taking into account the following factors: the Defendant’s age, sexual behavior, environment, family relationship, motive and means of the crime, circumstances after the crime, etc., and the various sentencing conditions as shown in the argument of the lower court,

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. In addition, there are no circumstances to recognize that the lower court’s maintenance of the lower court’s sentencing decision is unfair, considering the circumstances that the lower court had already taken into account while determining the Defendant’s punishment.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, 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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