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(영문) 서울고등법원 2020.04.23 2020노243
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation) imposed by the lower court is too unreasonable.

2. The lower court determined that: (a) considering the circumstances favorable to the Defendant, such as ① the following: (b) the Defendant habitually stolen the property of at least three million won in total at the market price of five persons, including the victim C, and embezzled the lost property of the victim E; (c) the nature of the crime was considerably poor; (d) the Defendant was sentenced several times due to the same crime; (c) the Defendant committed the instant crime before the lapse of the repeated crime period after release; and (d) the Defendant did not agree with most victims, the Defendant committed the instant crime; and (b) the Defendant appears to have been committed for living without economic difficulties; (b) the Defendant returned the victim E’s resident registration certificate and student identification card that the Defendant embezzled and returned to the said victim; (d) the victim C and E did not want the Defendant’s punishment; and (e) the Defendant’s mistake was committed against the Defendant; and (e) comprehensively taking account of all the following factors: (e) the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (e) the Defendant’s penal punishment for the Defendant.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances suggesting that the lower court’s grounds for unfair sentencing alleged by the Defendant in this court are the circumstances that have already taken into account the Defendant’s punishment while determining the Defendant’s punishment, and that the lower court’s determination on the sentencing is unreasonable even in full view of the materials presented during the sentencing hearing

Therefore, the defendant's inappropriate sentencing.

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