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(영문) 서울고등법원 2016.04.01 2016노535
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

The fact that the defendant led to his confession of his crime and repents his mistake, most of the crimes of this case committed by the victims are relatively minor, and the defendant's parents actively express their intention to edification against the defendant and seek a preference can be considered as the circumstances favorable to the defendant.

However, the defendant has been punished for larceny more than six times. In addition, even when he was investigated for committing the crime of this case within the period of repeated crime under Section 1-10 of the attached Table 1 of the judgment below, the crime of this case again is committed under the attached Table 11-13 of the judgment below, the victims did not reach an agreement, and all of the sentencing conditions such as the defendant's age, sex behavior, environment, motive, circumstance, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable, even though he was investigated for the crime of this case under the attached Table 1-10 of the judgment below.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for the reason that the appeal by the defendant is groundless.

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