logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.03.09 2016노3824
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered a sentence by taking into account all the circumstances favorable to the Defendant’s age, sex, environment, occupation, social relationship, circumstances leading to the instant crime, etc., as well as all other factors such as records and changes in the criminal records, etc., given that the Defendant repeatedly committed the instant larceny during the period of repeated crime more than one year after the Defendant was released from the same crime, and the Defendant had a record of criminal punishment several times as the same crime. However, considering the overall criminal facts of the instant case, the lower court rendered a sentence by comprehensively taking into account the following factors: (a) the Defendant’s erroneousness is against himself/herself; (b) the amount of damage is relatively small; and (c) the Defendant appears to have faithfully impaired the working life as he/she was after release; and (d) the sentence was imposed.

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.

Therefore, the defendant does not accept the defendant's unfair argument.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

arrow