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(영문) 서울고등법원 2018.09.19 2018노1567
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) against the Defendant is too unreasonable.

2. The Defendant recognized the instant crime and divided his mistake.

The sum of the damages incurred by the instant crime is about KRW 4,30,000,000.

Since the victim G is paid KRW 200,000 with the agreed amount, the above victim does not want the punishment of the defendant.

These points are favorable to the defendant.

However, the crime of this case was committed by the defendant who intrudes on a restaurant or damages the entrance of the office at night and intrudes on two times, and thus, the crime of this case was not committed.

Until the trial of the party, the victim J did not recover from the damage.

In addition, the defendant committed the crime of this case under the same law even though he/she was habitually punished for the larceny crime, and even though he/she was in the period of repeated crime, he/she committed the crime of this case.

These points are disadvantageous to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and method of committing a crime, and the circumstances after committing a crime, etc., the lower court’s punishment against the Defendant cannot be deemed unfair because it is too unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

[6] Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that "any crime under Articles 329 through 331 of the Criminal Act, the attempted crime, or the crime under Article 329 through 331 of the Criminal Act, which is habitually sentenced twice or more and habitually committed within three years after the execution of the sentence is completed or exempted."

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