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(영문) 서울고등법원 2017.06.21 2017노1119
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his/her mistake and reflects the fact that some damaged goods were returned to the victim and the damage was partially restored.

However, the crime of this case is committed by the Defendant who habitually steals or attempted to steals property 17 times in total. It is highly dangerous that the act of this case is committed by the Defendant, mainly at night, or by impairing the structure, etc., to commit the crime, or to commit the act of causing things inside the parked vehicle, etc., and in light of the frequency, method, and contents of the crime, etc.

Although the defendant had been punished several times for the same crime, he/she committed the crime of this case, which constitutes a repeated crime, in addition to about one year and four months since the execution of the final punishment was completed.

Such circumstances are disadvantageous to the defendant.

In full view of these circumstances, comprehensively considering all the sentencing conditions shown in the instant pleadings, including the Defendant’s age, sex, and environment, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and is thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act (the "Total 2,68,00 won" in the list of crimes in the attached Forms 2, 12, 14 and 6-7 of the judgment of the court below shall be calculated as the error of "total 2,678,000 won" in each of the above crimes. The "one head of the NAC Card 1,300,000 won" in Article 14 of the list of crimes in the above crimes shall be deemed to be the error of "one personal phone (30,000 won)", so it is obvious that the "one personal phone (30,000 won)" is the error of "one personal phone (30,000 won)" in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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