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(영문) 서울고등법원 2014.10.10 2014노1937
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination: (a) the Defendant recognized all of the crimes; (b) the Defendant was punished for the previous crime and was released on November 2010; and (c) the Defendant had been engaged in occupation and had lived in a relatively sincere life after being released from the post; (c) however, around June 2013, the wife who was de facto in a de facto marital relationship died with a secret and the Defendant was diagnosed with pulmonary tuberculosis on or around March 2014; and (d) the Defendant could not enter a house with his/her family because he/she could not enter a house because he/she could cause such infectiousness.

There are circumstances that can be considered in light of the circumstances, such as the fact that the crime of this case is deemed to have been prevented in order to prepare living expenses, etc., and that the health of the defendant is deteriorated as of the present time due to pulmonary tuberculosis, etc.

However, at night nine times in total, property was stolen by intrusion upon another person’s residence, and the female victim returned to the Republic of Korea during the new wall hours using the stolen vehicle took property by taking them out, and the contents of the crime of this case, which was stolen by concerns over the occurrence of the crime, and the frequency and danger of the crime were significant, and the defendant had already been subject to criminal punishment more than ten times, and four times in which the defendant had already been sentenced to criminal punishment for the same crime as the crime of this case, such as theft and robbery, but the crime of this case was punished by imprisonment again, the damage recovery measures such as agreement were not taken. In full view of all the sentencing conditions, it cannot be deemed that the defendant’s age, family relation, criminal record, character and behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is too heavy.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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