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(영문) 서울중앙지방법원 2019.07.12 2019노968
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court’s imprisonment (two years and six months of imprisonment) is too unreasonable;

2. The facts that the judgment of the defendant is against his own will while accepting the entire crime of this case, some of the damaged articles were temporarily returned to the victims, and the victim L was not punished against the defendant are favorable circumstances.

On the other hand, the Defendant was punished as a majority of the same kind of force, and the Defendant committed the instant crime during the repeated crime period due to the same kind of crime, and the actual damage was recovered or the circumstances where the Defendant recovered from the damage are not revealed except that some provisional return was made. Of the instant crimes, some of the instant crimes appear to be very high in the risk of recidivism by very insufficient means of the Defendant’s past larceny crime. Meanwhile, it is reasonable to respect the instant crime in a case where there is no change in sentencing conditions compared with the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Considering that there was no special circumstance to the extent that the sentencing is to be changed ex post, it is too unreasonable to view that the lower court’s punishment goes beyond the reasonable scope of discretion, by comprehensively taking account of the following factors: the Defendant’s environment, motive, means and consequence of the crime, and the circumstances after the crime.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the Defendant’s appeal is without merit (However, pursuant to Article 25 of the Regulation on Criminal Procedure, the first highest of the judgment below’s “20 February 20, 2017” shall be corrected ex officio to “ April 27, 2017”), and it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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