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(영문) 서울고등법원 2019.06.27 2019노1055
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant recognized all of the instant crimes, and seriously reflects his fault.

After being released from the military court on January 1, 2019, the Defendant was making efforts to obtain daily jobs, but failed, and the Defendant committed the instant crime in order to prepare living expenses.

The amount of stolen money by the defendant is not so large, and there was no harm to people or damage to property in the course of committing the crime.

The defendant has obtained a certificate of qualification during his life, and is going to return to society normally.

These circumstances are favorable to the sentencing of the defendant.

However, these various circumstances seem to be fully considered when the defendant asserts in the original trial or when the court below determines the punishment.

Furthermore, taking into account the above circumstances and the various circumstances described in the “decision of sentence” column of the lower judgment, the Defendant’s age, character and conduct, environment, relationship with victims, motive of committing a crime, and the sentencing guidelines determined by the Supreme Court’s Sentencing Committee, etc., the lower court’s sentencing is appropriate and does not seem to have exceeded the reasonable scope of discretion.

Since the sentence imposed by the court below is too unreasonable, the defendant's above assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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