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(영문) 서울고등법원 2013.06.13 2013노1183
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six years) imposed by the court below on the defendant is too unreasonable.

2. There are circumstances that may be considered in light of the circumstances, such as the fact that the defendant recognized his mistake as a whole and reflects his depth. However, even though the defendant was already subject to criminal punishment several times due to the same habitual larceny crime, he did not abandon the habit and again committed the crime in this case at least two years after the execution of the final sentence was completed, and the damage caused by the crime in this case was not limited, and no measures are taken to recover damage up to the trial, and the victims still wish to punish the defendant, and all the sentencing conditions indicated in the records are considered to be unfair even if considering all the sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the defendant's argument is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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