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(영문) 서울중앙지방법원 2018.12.20 2018노3178
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment that the Defendant recognized all the facts of the crime and divided, the amount of the stolen cash is relatively small to KRW 320,000,000 in total, and the said cash was seized by the investigative agency, and the victims do not want the punishment of the Defendant, and there are favorable circumstances for the Defendant.

However, in full view of the circumstances that are unfavorable to the Defendant and other circumstances, such as the Defendant’s age, sexual conduct, environment, background and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, even though the Defendant had been 14 times or more due to larceny, larceny, or attempted criminal punishment, and thus repeated crimes, such as committing the crime of this case during the period of repeated crime, and committing the same or similar crimes, in view of the Defendant’s living environment and attitude, etc., which are highly likely to recommit the same or similar crimes.

Therefore, the defendant's above assertion 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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