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(영문) 서울고등법원 2016.09.09 2016노1857
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (three years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions of the Defendant compared with the lower court, and even if all the sentencing grounds specified in the argument of the instant case are comprehensively taken into account, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

The defendant's argument of sentencing is without merit.

3. The Defendant’s appeal is without merit. Accordingly, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure, the “Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” of the 2th sentence of the original judgment in accordance with Article 25(1) of the Regulation on Criminal Procedure shall be corrected to “Habitual larceny”.

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