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(영문) 서울고등법원 2013.08.30 2013노1801
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (three years of imprisonment) shall be too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant made a confession of all the facts charged in the instant case, and his mistake is divided in depth, the amount of damage is not so significant, and the fact that the Defendant’s health status is not good for the aged, etc.

However, the defendant not only has been sentenced several times due to the same type of habitual larceny and theft crime, but also has the history of repeatedly committing the crime of habitual larceny in only one month and one month since the execution of the final punishment was completed, despite the fact that the victims did not agree with the victims until now, in addition to the circumstances and motives leading to the crime of this case, the extent of punishment for the crime of this case (one year to twenty-five years of imprisonment), and the scope of punishment recommended according to the sentencing guidelines (one year to six years of imprisonment), [the range of punishment] ] 3 years - 6 years (the maximum and minimum amount of punishment, since special sentencing falls under Article 5-4 (6) of the Special Treatment Act) , the defendant's argument that the sentence of this case is unreasonable, and thus, the defendant's appeal cannot be accepted.

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

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