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(영문) 서울고등법원 2018.09.12 2018노1701
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment, confiscation) is too unreasonable.

2. In light of the circumstances favorable to the Defendant, the lower court rendered a sentence against the Defendant, taking into account the following facts: (a) the Defendant, as an elderly person, had experienced living conditions after being released from the Defendant; (b) a considerable number of damage was returned; and (c) a confession was made during the instant crime; (b) the Defendant committed a theft by intrusion upon his residence at night; and (c) the Defendant had been punished several times due to the same several crimes committed prior to the instant case, even though there was a history of punishment several times for the same offense, the lower court imposed a punishment against the Defendant by taking into account the repeated crimes committed by the instant case

In light of the fact that there is no special change in circumstances that can assess the sentencing conditions of the court below differently in the appellate court while favorable or unfavorable circumstances to the defendant, the sentencing of the court below cannot be deemed unfair because the sentencing of the court below is too large.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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