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(영문) 서울고등법원 2017.03.14 2017노70
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unhued and unfair.

2. The Defendant committed the crime of habitual larceny of this case six times during the period from November 13, 2015 to September 2015, by entering a medical office, etc. where the Defendant did not correct within a medical institution and thefting cash, etc. inside the wall.

The defendant has had a number of penalties due to the same crime of similar veterinary laws, and the defendant's total amount of 6,755,000 won from the victims is not specified. The defendant did not have made efforts to recover the victims' damage, and the victims want to punish the victims is disadvantageous to the defendant.

On the other hand, the defendant recognized all of the crimes of this case, and the fact that some victims' damage has been recovered is favorable to the defendant.

Although the Defendant appears to have committed the instant crime for the purpose of raising expenses for the care of the pregnant woman suffering from dementia, the Defendant’s mother was hospitalized in a convalescent hospital by a social worker on December 2, 2013, when the Defendant was serving in prison a prison term, and the expenses for hospitalization are deemed to have been covered by the basic supply cost of the mother’s parent-child.

However, the defendant is the only family of the mother, and if the defendant does not bear the cost, it is impossible to actively treat the mother's child, and these circumstances may also be considered in favor of the defendant.

In full view of the Defendant’s age, sex, family environment, means and consequence of the crime, circumstances after the crime, and all other sentencing conditions as shown in the instant argument, it is difficult to view that the sentence of the lower court is unfair because it is too short to the extent that the lower court’s judgment is reversed.

Therefore, the prosecutor's above assertion is not accepted.

3. Conclusion.

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