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(영문) 서울북부지방법원 2020.07.23 2020노596
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the sentence imposed by the court below against the defendant (two years of imprisonment and confiscation) is too unreasonable.

2. The judgment below held that the defendant committed each of the crimes of this case during the period of repeated crimes even though he had been already punished several times for the same type of habitual larceny, considering the fact that the defendant again committed each of the crimes of this case during the period of repeated crimes, in light of the number of crimes, frequency and risk, etc., considerable degree of risk of recidivism in light of the recidivism, the victim seems to have high risk of recidivism, the victim's desire to punish, etc., appear to be against the defendant, considering the circumstances favorable to the fact that the defendant appears to be against the defendant, and the considerable amount of damage was seized, and sentenced the above punishment within the scope of recommended punishment of the sentencing guidelines set by the Sentencing Commission in consideration of the sentencing guidelines set forth

Since the sentencing of the lower court appears to be reasonable, and there are no special changes in circumstances that could change the sentencing of the lower court, the lower court’s punishment against the Defendant is too unreasonable.

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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