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(영문) 서울고등법원 2017.05.31 2017노753
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. The judgment of the Defendant reflects the Defendant’s depth while making a confession of all of the instant crimes; part of the damaged goods by the commission of the crime was restored to the victim’s damage; part of the damaged goods by the commission of the crime was attributed to the accomplice and appears to have not substantial economic benefits that the Defendant actually acquired; part of the crime was committed on attempted crimes, and the degree of the Defendant’s participation was to be considered as the degree of the Defendant’s involvement; and part of the damaged goods did not want the Defendant’s punishment.

However, the Defendant had a history of criminal punishment, including five times of punishment for the same kind of crime, and committed the instant crime repeatedly at the short time after being sentenced to punishment for the same crime, despite the completion of the sentence, and even after having been sentenced to punishment for the same crime, and even during the period of two months, the Defendant habitually committed the instant crime. The instant crime does not take into account the following: (a) the Defendant: (b) committed the instant crime by opening a substitute ship box entrusted with transportation on two occasions during the period of two months in which the Defendant got on board; (c) committed the instant crime by intrusion upon another’s residence through intrusion upon another’s residence through a night-time gas pipe, and (d) attempted to steals or steals the goods; (b) committed the instant crime by intrusion upon another’s residence by two or more persons, and (c) committed the instant crime, the total amount of damage caused by the instant crime reaches KRW 13.6 million; and (d) most damage amount is still recovered, and thus, most victims still have been punished by the Defendant.

In full view of the above circumstances and circumstances, including the Defendant’s age, sex, environment, circumstances surrounding the crime, and circumstances after the crime, etc., the conditions for sentencing as shown in the records and pleadings are favorable to the Defendant.

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