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(영문) 수원고등법원 2021.01.22 2020노568
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The lower court, based on the circumstances favorable to the Defendant, determined that the Defendant committed the instant crime during the period of repeated crime, after completing the term of punishment for the same kind of crime even though the Defendant had been already punished several times for the same crime, and that the amount of damage has not been recovered at all, etc., was disadvantageous to the Defendant. However, in consideration of the fact that the Defendant had grown in an poor environment, the lower court imposed

There is no change of circumstances that may change the sentencing of the court below even when the court below was in the first instance, and considering the various conditions of sentencing, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and the recommended sentencing guidelines presented by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence of the defendant is unfair because the sentence imposed by the court below is too excessive.

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

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