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(영문) 서울고등법원 2017.08.30 2017노1626
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 (one year of imprisonment) against the Defendant is too unreasonable.

2. The judgment of the defendant is the confession of the crime of this case and reflects on his mistake, and the amount of damage caused by the crime of this case seems not to be significant. The crime of this case is the circumstance favorable to the defendant, where it is difficult for the defendant to seek jobs due to finger-off cutting after release, and the crime of this case is committed in a situation where it is difficult for him to seek jobs due to finger-off cutting.

However, despite the fact that the defendant had been punished for the same crime, he did not throw away the habit of larceny, and committed another crime again within the repeated crime period, and the victims whose identity has been confirmed wanting to be punished by the defendant is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (from August to June), the lower court’s punishment against the Defendant is too unreasonable.

The defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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