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(영문) 서울중앙지방법원 2017.03.30 2017노199
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. The victim N orO does not want to be punished for a special intimidation [the 2016 Highest 8107 Evidence Records (2016 Sentence 19554), the 18th page, and the 26th page] is the circumstances favorable to the defendant.

However, even if considering the circumstances asserted by the Defendant, such as: (a) the Defendant was sentenced to imprisonment of October 2015, (b) one year of imprisonment of 2014 and two months of imprisonment of 2011, and (c) two years of robbery of 2012, and (b) the Defendant committed the instant crime during the period of repeated crime despite multiple criminal records; (b) the Defendant repeatedly committed the instant crime, such as larceny, fraud, and special intimidation within a short period of several months; and (c) other circumstances that form the conditions for sentencing as indicated in the record, including the Defendant’s age, sex, environment, and circumstances after the crime, the victim E, T, and Q theft was returned; and (d) returned KRW 90,00,000, which is part of the amount of damage to the victim R, the lower court’s punishment is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

However, Article 35 of the Criminal Act shall apply to the crime of violation of the above Act under Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes. ① Article 35 of the Criminal Act shall apply to the crime of repeated crime under Article 35 of the Criminal Act. The judgment of the court below is “Article 35 of the Criminal Act” in Article 19 of the 6th sentence of the judgment of the court below, ② Article 37 of the Criminal Act, “Article 38(1)2 and Article 50 of the Criminal Act” in Article 21 of the 6th sentence of the judgment of the court below, “Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the 37th sentence, and the proviso of Article 42 of the 35th sentence of the Criminal Procedure Act, and Article 35 of the 19th sentence “Article 35 of the 35th sentence of the Criminal Act,” and Article 85 of the 319th sentence of the Criminal Act.

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