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(영문) 서울고등법원 2015.06.19 2015노959
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing (three years of imprisonment) against the Defendant on the gist of the grounds of appeal is too unreasonable.

2. The instant crime was committed habitually by the Defendant, from September 22, 2014 to December 16, 2014, 28 times during the period from September 22, 2014 to December 16, 201, cutting off the hallway crime prevention windows of the apartment complex subject to the crime, and intrusion inside the apartment house into the apartment, thereby thefting or attempted to steal the total amount of KRW 83,708,00,000, including precious metals.

According to the records, it can be confirmed that there is a normal reason favorable to the defendant, such as the fact that the defendant has recognized his mistake and reflects, that it is difficult for the defendant to lead a normal social life by sending out a fluencing time due to the divorce of his parents, etc., and that the same applies to the present situation, and that the crime of this case is deemed to have been committed at the level of maintaining a livelihood as he did

On the other hand, there are many cases of sentencing that are disadvantageous to the defendant.

The defendant started to block habitual larceny of this case at the same time, even though he had been sentenced to imprisonment several times for the same crime, he has not completed the punishment, and at the same week, he also started to stop the habitual larceny of this case.

The Defendant found a hallway-type apartment through Internet search, and moved the apartment to the relevant apartment to erode, and cut the hallway-type apartment to commit the crime of this case, and committed the crime of this case in a planned and specialized manner, such as intrusion into the house, by using the pipe cutting machine.

The defendant committed a larceny while moving by means of public transportation at the beginning of the crime. The defendant stolen money and valuables and committed a crime by getting a string and getting a string and getting a string, and he committed a crime by getting a string and getting a string.

The Defendant committed a crime 28 or more times in a broad area, such as Seoul, Incheon, Monyang, Monyang, Ansan, Ansan, Mannam, etc., and steals money and valuables also 83,708,000 won or more.

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