(영문) 서울고등법원 2021.02.04 2020노2218 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2021.02.04 2020노2218

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of two years and six months, and the fine of two hundred thousand won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the judgment of the first instance (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant had been punished for the same kind of crime several times, he again committed each of the instant crimes from three days after release.

Even before the Defendant had been sentenced to the punishment for the crime of theft of goods by using Obane, the Defendant committed the theft crime of this case under the same law.

In light of these circumstances, it is inevitable to severely punish the accused.

However, the circumstances should be considered in favor of the victim, such as the fact that the defendant repents the defendant's wrong, the fact that the victim's stoba and the large part of the stoba are expected to have been returned to the victims, and the fact that the crime was committed in an economically difficult situation after the release.

In light of the above legal principles, the circumstances alleged by the Defendant as an element of sentencing are already revealed to have been revealed in the hearing process of the lower court, and there is no particular change of circumstances in the matters subject to sentencing after the lower court was sentenced.

In addition, comprehensively taking account of the Defendant’s age, occupation, sex and environment, means and consequence of the crime, motive of the crime, circumstances after the crime, etc. and various sentencing conditions, sentences, sentencing guidelines, and sentencing guidelines as shown in the arguments, etc., the sentencing of the lower court is too unfair because they were conducted within the reasonable scope of discretion.

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

3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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