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(영문) 서울고등법원 2019.08.23 2019노1362
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The lower court determined the sentencing guidelines within the scope of the sentencing guidelines of the Supreme Court in consideration of the following factors: (a) the Defendant was indicted under the unfavorable circumstances to the Defendant; (b) the Defendant was punished for the same kind of crime, including larceny from 1980 to 10 times; (c) the Defendant was punished for habitual larceny; and (d) the Defendant was punished for the crime of this case more than 6 months after the completion of the sentence; (b) the Defendant was indicted for the crime of this case under Article 1 of the judgment of the lower court; and (c) the Defendant was tried to commit each of the crimes under Articles 4 and 5 of the judgment of the lower court; (b) the Defendant was indicted for the crime of this case; (c) the most damaged items were recovered to the victims; (d) the victim F was expressed that the Defendant would not be punished against the Defendant; and (d) the Defendant was committed each of the crimes of this case while collecting and abolish his life at the home or church after release; and (d) the value of the damaged small amount of the product.

The lower court’s sentencing seems to have been determined by fully considering the above various circumstances, and there is no change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial. In addition, even if the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, circumstances after committing the crime, etc. are fully added to the various sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, family relation, motive for committing the crime, etc.

The defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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