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(영문) 서울고등법원 2014.05.08 2014노723
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (five years of imprisonment and a fine of 150,000 won) is too unreasonable.

2. The sentencing conditions favorable to the Defendant are the following: (a) the Defendant’s mistake was divided in this court; and (b) some larceny victims appear to have been returned.

However, even though the Defendant had had had been already sentenced several times of a crime of the same kind, the Defendant again committed the crime of habitual larceny, etc. of this case within a short time from the end of the execution of the final sentence, and the amount of damage caused by the crime of larceny, etc. is heavy and stolen vehicles, etc. without a license, causing traffic accidents and escape, etc. In full view of various circumstances, including the Defendant’s age, character and behavior, intelligence and environment, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too appropriate and too unreasonable.

Defendant’s assertion is without merit.

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

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