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(영문) 수원고등법원 2020.10.16 2020노447
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court (one year and six months of imprisonment) is too unreasonable.

2. The lower court, in light of the circumstances favorable to the Defendant, rendered a sentence against the Defendant, taking into account the following factors: (a) the Defendant committed repeatedly the instant crime during the period of repeated crimes despite a number of criminal offenses committed by multiple persons; (b) the Defendant committed repeatedly during the repeated crime period; and (c) the Defendant did not reach an agreement with the victims: (a) the Defendant’s perception of all the instant crimes; (b) the degree of damage is relatively minor

There is no change in circumstances that may vary in the sentencing of the court below even when the court below has reached the trial, and considering all the conditions of sentencing as shown in the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unreasonable

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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