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(영문) 서울고등법원 2017.07.11 2017노1386
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (three years of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crimes is favorable to the Defendant.

However, the Defendant had already been sentenced to four times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and committed the instant crime in addition to about four months after the execution of the final sentence was completed.

Furthermore, the instant crime was committed by the Defendant, in collaboration with C, into an abandoned house through the first floor of the apartment building, such as Bara, and then stolen precious metals. The crime of this case is very poor in light of the fact that the crime of larceny committed by the Defendant is similar to the method of the theft, and the risk of the method of the crime.

In addition, even though the defendant has a considerable value of the stolen damage from the victims, he has already disposed of each damage, consumed the disposal price, and did not return each damage to the victims, and did not recover the considerable amount of damage.

Accordingly, the victims did not receive each crime from the victims, and the victims want to punish the defendants.

Such circumstances are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentencing guidelines according to the Supreme Court’s sentencing guidelines established by the Criminal Procedure Committee, the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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