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(영문) 서울고등법원 2013.08.22 2013노1752
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (five years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination is a condition for sentencing favorable to the Defendant, such as the fact that the Defendant’s mistake is divided and reflected, that the Defendant and his/her children suffers from rare diseases, and that the Defendant appears to have reached the instant crime due to economic difficulties.

However, the crime of this case was committed by the defendant, after the defendant went to the office of another person, by misrepresenting the victim's staff, etc. immediately after the victim's theft, by discovering the credit card company's password, etc., and then withdrawing the deposit or receiving cash services, and thereby causing additional damage to the victims. The crime of this case was committed in very secret, professional, and mental state beyond monetary damage to the victims. The defendant committed the crime of this case repeatedly before two months after the execution of punishment was completed due to the same crimes under several Acts, with the records of punishment several times for the same kind of crime, and the defendant committed the crime of this case again before the lapse of two months after the execution of punishment was completed. Some of the proceeds of the crime was caught overseas, the frequency and amount of the crime did not exceed the number of the crimes, and the victims' damage was not recovered, and other circumstances, such as the defendant's age, character and behavior, intelligence, environment, and circumstances after the crime, etc., the court below's punishment shall not be deemed to be unfair

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 as it is without merit. It is so decided as per Disposition.

However, on the 3rd above, the "total 30 times" shall be deemed to be "total 34 times", "total 36 times" to be "total 39 times", "64,740,000 won" to be "total 64,650,000 won" to be "total 64,650,00 won" to be "total 39 times", and "new bank" to be "new bank" and "damages" to be "7,000,000 won" to be "total 64,650,000 won.

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