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(영문) 서울고등법원 2016.08.26 2016노1725
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant in depth divided the instant crime; (b) the damage from the instant crime was not significant; and (c) some damage was returned to the victim; and (d) some victims did not want punishment against the Defendant.

However, the Defendant committed the instant crime again within the period of repeated crime, which had been sentenced several times for having been sentenced to punishment for the same kind of crime, within the period of repeated crime that has not yet been sentenced to imprisonment, and the Defendant committed the instant crime again, such as: (a) the Defendant prepared the vehicle and the criminal tools in advance; (b) committed the crime planned by using a new wall time; and (c) theft of property by intrusion by destroying the structure glass; (d) committed several times during the short term; and (e) committed the crime several times during the victim’s damage to the victims.

In addition, considering all the circumstances revealed in the instant pleadings, such as the Defendant’s age, sex, environment, health condition, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too large.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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