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(영문) 서울고등법원 2018.07.12 2018노1324
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (for a period of four years of imprisonment, confiscation) is too unreasonable.

2. The Defendant recognized all of the instant crimes, and repented of errors.

Some larceny crimes were attempted, and some of theft goods were returned to the victims.

The Defendant did not have any doubt to leave his living expenses after being released from the military court because his health condition is not good, and the Defendant committed the instant crime at his own discretion with respect to his own mind, on the premise that he was released from his family members.

After being punished for the crime of this case, it is necessary to faithfully live with the assistance of the family members having contact with the crime of this case.

There are many things.

However, the defendant was sentenced twice or more due to habitual larceny, etc., and the last crime of this case has been committed habitually.

The number of crimes in this case reaches 73 times, and the total amount of damage exceeds 6,30,000 won, and it is difficult to evaluate it as the defendant's defense counsel.

In the course of larceny crime, the defendant was also damaged by a majority of the favorable windows owned by the victims.

The criminal facts before and after the defendant committed the crime in this case, the defendant destroyed the glass window of a vehicle parked at least 20 times in the same manner as the crime in this case and stolen the goods in this case.

Most of the victims did not recover from damage.

Considering the above various sentencing conditions as seen in the instant pleadings, such as the Defendant’s age character and character environment, the motive and means of crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable because it is too unreasonable.

3. 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.

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