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(영문) 서울고등법원 2016.11.23 2016노3064
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below ( Imprisonment with prison labor, three years and six months, and confiscation) is too unreasonable.

Judgment

The crime of this case committed by the defendant intrudes on 22 occasions over 3 months and steals money and valuables or attempted money and valuables.

Along with the fact that the defendant's mistake was divided and reflected later, the damage money and valuables are relatively small and partial, and the defendant's mother or his wife appeals against the defendant's wife, and the fact that the social ties of the defendant is maintained, such as the defendant's appeal against the defendant's wife, etc., can be considered as the circumstances favorable to the defendant.

On the other hand, the fact that the defendant had been sentenced to punishment several times, and that the defendant continued to commit the crime of this case only for two months after the execution of the final sentence was completed, and that the method of the crime was also destroyed by the entrance by the omission or the draras, etc., and that it was intended to steals or steals money and valuables by intrusion upon another person's residence, and that it is highly dangerous, and that there is no trace that the defendant made a serious effort to recover from damage, etc. are disadvantageous to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence is too unreasonable with its sentence imposed by the Defendant.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

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