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(영문) 서울고등법원 2017.09.27 2017노2106
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 (two years and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant was aware of his mistake, and the Defendant was faced with difficulties in living; (b) the Defendant appears to have led to the instant crime; and (c) there are some other circumstances to consider the circumstances leading to the instant crime.

However, the crime of this case was committed habitually by the Defendant by opening a door, such as the office, etc. of another person at night over 12 times, or by intrusion and theft of property. In light of the contents and methods of the crime, it is not good that the crime is committed and the risk of the crime is high.

Although the defendant had been already seven times or more of punishment for the same crime, the defendant began to commit the crime of this case and committed the crime of this case during the period of repeated crime, 10 days after the execution of the final punishment.

There have been no recovery of damage, and some victims have filed a petition for the defendant's wife, but many victims are still trying to punish the defendant.

Such circumstances are disadvantageous to the defendant.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, the sentence imposed by the court below is too unreasonable.

3. Accordingly, 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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