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(영문) 서울고등법원 2019.09.06 2019노1652
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The following should be considered in favor of the Defendant: (a) the Defendant’s depth and reflects the instant crime; (b) a part of the damaged goods was recovered; and (c) the Defendant’s health was not good due to a disease in the white paper.

However, the Defendant committed the instant crime because of the fact that the Defendant had already been sentenced several times of punishment due to the same type of crime, and the Defendant committed the instant crime (the Defendant alleged that the instant crime was committed due to economic difficulties, but considering the fact that the Defendant was resolving lodging and lodging at a missionary meeting after release, the Defendant appears to have committed the instant crime to simply have committed the instant crime in order to raise the price of lodging and lodging). Considering the unfavorable circumstances, such as the Defendant’s age, environment, family relationship, and circumstances after the commission of the crime, which are similar to those of the past, and all other sentencing conditions indicated in pleadings, such as the Defendant’s age, environment, family relationship, and circumstances after the commission of the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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