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(영문) 서울고등법원 2017.10.18 2017노2353
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too uncomfortable.

2. The crime of this case is deemed to have habitually stolen another person's property at least six times, and the defendant committed the crime of this case at least 40 days after the execution of the final punishment, even though he had been already punished several times due to the same crime, and committed the crime of this case at the same time during the period of repeated crime, and the fact that the damage has not been recovered properly is disadvantageous to the defendant.

On the other hand, the fact that the defendant is aware of his mistake and is going against the defendant, and the defendant is unable to lead a normal social life as a deaf-mute and has difficulties in living, and there are some circumstances to consider the circumstances leading to the crime in this case, etc., may be considered as favorable to the defendant.

In full view of such circumstances and other factors of sentencing as the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the Defendant’s age, sexual conduct, environment, and motive and circumstance of the crime in this case, it does not seem that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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