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(영문) 서울고등법원 (춘천) 2013.05.01 2013노10
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

A. The main point of the grounds for appeal is that the lower court’s punishment (three years and six months of imprisonment) is too unreasonable.

B. The judgment of the Defendant and the candidate for medical treatment and custody (hereinafter “Defendants”) showed the attitude of confessioning and reflecting the instant crime, and the fact that the instant thief is minor, etc. may be considered in favor of the Defendant.

However, considering the following circumstances: (a) the Defendant committed the instant crime more than four months after release; (b) the Defendant’s previous and several times before release; and (c) the Defendant’s age, character and conduct, intelligence and environment; and the motive, means and consequence of the instant crime; and (d) other various circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the commission of the instant crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

2. In the event that the defendant has filed an appeal against a prosecuted case, the medical treatment and custody case shall be deemed to have filed an appeal pursuant to Article 14(2) of the Medical Treatment and Custody Act, but there is no reason to reverse this part ex officio without stating the grounds for appeal or grounds for appeal on the grounds for appeal or petition of appeal

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act. It is so decided as per Disposition.

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