(영문) 서울고등법원 2012.09.13 2012노1887 | 리걸엔진

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(영문) 서울고등법원 2012.09.13 2012노1887

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant has a depth of his mistake, that part of the victim does not want the punishment of the defendant, and that some of the circumstances are to be taken into account in the motive of the crime.

On the other hand, the defendant has been sentenced to the punishment of imprisonment with prison labor for 8 months as of June 2003, 2 years and 6 months as of June 2006 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and 3 years as of February 2009. The defendant started to commit the crime of this case only in the month when he was released during the repeated period due to such criminal record, and the number of crimes was high, damage was not high, and damage was not recovered, and the crime was not committed in light of the method of the crime, such as theft of precious metals and cash, which is disadvantageous to the defendant.

In full view of the above conditions of sentencing, comprehensively taking into account the Defendant’s age, character and conduct, intelligence and environment, and circumstances after the commission of the crime, the sentence of the lower court is deemed to be adequate and too unreasonable.

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

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

However, in the application of the law of the judgment of the court below, "Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes" 1. Article 35 of the Criminal Act among repeated crimes [However, Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes (for larceny crimes, within the limit of the proviso of Article 42 of the Criminal Act, for larceny crimes, and within the limit of the proviso of Article 42 of the Criminal Act, the punishment

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