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(영문) 서울고등법원 2014.04.03 2014노271
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal: The Defendant, who was in an economically difficult position, did not stimulate suspicions and did not stimulately commit the instant crime.

Since then, matrimonial engagement has been solicited to the defendant, but the defendant was reported to the police in Gemanmang Gemang Gemang Gemang, and arrested him.

In addition, the defendant is divided into a truth-finding with respect to the crime of this case, and is against himself.

In light of these circumstances, the punishment sentenced by the court below to the defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case was committed after theft of credit cards, identification cards, etc., and purchased precious metals or mobile phones using them, and the nature of the crime is not good by forging a written application for joining another person's mobile phone and exercising it.

In addition, the defendant has been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In particular, the Defendant committed a crime similar to the instant case, such as theft of automobiles in collusion with C around 2008 and purchase of precious metals using a stolen credit card, etc., and committed the instant crime during the period of repeated crime, even though he/she was sentenced to four years of imprisonment and completed the execution of the sentence on October 19, 2012.

Furthermore, there is no circumstance that the damage was recovered up to the trial.

B. However, the Defendant continued to grow up on the basis of his grandparents until the birth of his mother on the one hand, and his father died in around 2001 and did not have been given adequate opportunities for fostering thereafter.

In addition, the defendant was involved in the crime of this case led by C, and all of the crimes have been recognized from the original court to the court, and his depth has been divided.

On the other hand, the defendant completed a report of marriage with a woman on October 7, 2013, and was married with the husband and wife, and the defendant did not commit illegal acts again.

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