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(영문) 서울고등법원 2013.10.17 2013노2805
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to four years of imprisonment and confiscation) by the lower court is too unreasonable;

2. It is recognized that the circumstances, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake in depth, the fact that the Defendant appears to have led to the instant crime in an economically difficult situation, and the degree of the Defendant’s participation in the instant crime appears to be relatively minor compared to other accomplices, and the profits directly acquired by the instant crime appear to be less than the amount of damage.

However, on May 18, 199, the defendant was sentenced to imprisonment with prison labor for the same crime in the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, 3 years of probation, 1 year and 6 months of imprisonment with prison labor for the same crime in the Incheon District Court Support on March 23, 2001, 3 years of imprisonment with prison labor for the same crime in the same court on January 27, 2005, and 3 years of imprisonment with prison labor for the same crime in the Seoul Southern District Court on May 8, 2008. In particular, as seen earlier, the defendant was sentenced to 3 years of imprisonment on May 8, 2008 and the execution of the sentence was completed on December 1, 201, and repeatedly planned to commit the crime of this case for a repeated crime, 4 months of imprisonment with prison labor for the crime of this case, 4 months of imprisonment with prison labor for the crime of this case, 40 billion won or more, and the sentencing guidelines of this case.

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