(영문) 서울고등법원 2020.04.02 2019노2746 | 리걸엔진

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(영문) 서울고등법원 2020.04.02 2019노2746

특정범죄가중처벌등에관한법률위반(절도)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court determined the lower court, comprehensively taking into account the following circumstances: ① (a) the Defendant committed the instant crime during the period in which the Defendant left a month, 1,192,00 won in cash by intrusion on a restaurant (8) and a motor vehicle; (b) the victim’s cash and part of the goods were returned to the victims; (c) the victim’s 200,000 won in the market price; and (d) the purchase of tobacco equivalent to KRW 226,80 in the convenience store with a stolen credit card; (d) the Defendant had the record of having been punished six times for the same type of crime; (e) the Defendant committed the instant crime during the repeated period of habitual special larceny; (e) the Defendant committed the instant crime; and (e) the fact that most of the damage was not recovered; and (e) the Defendant committed the instant crime; and (e) the Defendant’s cash and goods were returned to the victims; and (e) the victim’s M did not want to punish the Defendant; and (e) the sentencing factors as to the Defendant’s imprisonment for two years after the crime.

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, the grounds for unfair sentencing alleged by the Defendant and the prosecutor in this court are already considered in full while determining the Defendant’s punishment. In full view of the materials presented during the sentencing hearing of this court, there is no circumstance to deem that maintaining the lower court’s judgment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor.

유사 판례

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