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(영문) 서울고등법원 2013.09.26 2013노2507
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and the Defendant’s mistake is pening in depth.

However, the crime of this case was committed on five occasions more than two months by the Defendant, which stolen money and valuables worthing KRW 4,550,000,000 in total, and the quality of the Defendant was very poor in light of the method and content of the crime. Nevertheless, the Defendant did not agree with the victims and did not properly recover from damage. The Defendant was sentenced several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the first criminal record in the judgment of the court below. In particular, on December 22, 2009, the Suwon District Court sentenced 1 and six months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Suwon District Court on April 15, 201, and again committed the crime of this case during the period of the repeated crime, and on April 15, 2011, again, committed the crime of this case during the period of the repeated crime, and the scope of the punishment of imprisonment with prison labor or the minimum sentencing range of the punishment of the above 1 to 6 years sentencing guidelines.

In full view of the fact that the sentence imposed by the court below is too unreasonable, considering the fact that the sentence imposed by the court below is the lowest sentence that can be declared by law.

Therefore, the defendant's argument cannot be accepted.

3. Conclusion

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