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(영문) 서울고등법원 2019.07.25 2019노1184
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. The Defendant recognized the instant crime for the first time in the trial, and is in depth repenting the mistake.

When the Defendant was faced with an economically difficult situation due to long-standing prison life, the Defendant seems to have committed the instant crime, which is similar to his previous criminal record.

The frequency of crimes has been limited to one time, and the amount of damage can not be much.

The defendant is aged, and is not healthy due to urology, high blood pressure, etc.

These circumstances can be considered as a factor favorable to the sentencing of the defendant.

However, the above circumstances appear to be that the defendant asserted in the court below or that the court below took full account of all the factors in determining the punishment against the defendant.

Considering such circumstances and various circumstances as indicated in the “decision of sentence” of the lower judgment, and the fact that the Defendant had been sentenced more than ten times to imprisonment with prison labor due to habitual larceny, etc. and committed the instant crime that habitually stolen another person’s property during the short term after the execution of the sentence was completed, and the damage was not recovered at all, and other factors such as the Defendant’s age, character and behavior, environment, motive for the crime, and the sentencing guidelines determined by the Supreme Court’s Sentencing Committee, the lower court’s sentencing is appropriate and does not seem to have exceeded the reasonable scope of discretion, and there is no significant change in the circumstances concerning the sentencing conditions in the trial, and thus, it cannot be said that the Defendant’s punishment is too unreasonable.

We do not accept the above arguments of the defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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