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(영문) 서울고등법원 2019.06.27 2019노871
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes and against the mistake.

The defendant committed the crime of this case to obtain living expenses due to poor living conditions after being released from prison, while committing the crime of this case, if he was punished for the crime of this case and returned to society, he did not commit the crime, and does not commit the crime, and does not live faithfully.

Of the victims, the J has expressed the intention that the investigative agency does not want to punish the accused.

The defendant is currently in a state that does not have good health due to cancer, urology, high blood pressure, etc.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances seems to have fully taken into account either the defendant alleged in the lower court or the lower court’s determination of punishment.

In light of such circumstances and various circumstances described in the “decision of Pronouncement” column of the lower judgment, particularly the Defendant again committed the instant crime during the period of repeated crime even though he/she was punished several times for the same kind of crime, the frequency of the crime, the scope of damage was small, and the amount of damage was not recovered at all, and the Defendant’s age, character and behavior, environment, relationship with victims, motive for the crime, and sentencing guidelines determined by the Supreme Court’s Sentencing Committee, such as the Defendant’s age, character and behavior, relationship with victims, motive for the crime, and circumstances after the crime, etc., the lower court’s sentencing is appropriate and does not seem to have exceeded the reasonable scope of discretion, and there is no significant change in the sentencing conditions in the trial, and thus, it cannot be said that the Defendant’s sentence imposed by the lower court is unreasonable.

We do not accept the above arguments of the defendant.

3. The appeal by the defendant is in conclusion.

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