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(영문) 서울고등법원 2017.05.12 2017노868
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months) on the summary of the grounds for appeal is too unreasonable.

2. The lower court rendered a sentence exceeding the lower limit of the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court, comprehensively taking account of the following: (i) the Defendant was at a disadvantage to the Defendant; (ii) the Defendant committed a larceny crime several times from the juvenile prison to the present; (iii) the Defendant committed a larceny offense; (iv) the Defendant committed a larceny offense; and (v) the Defendant committed a larceny offense against the Defendant, even though having been sentenced several times during the period of the repeated offense after the completion of the last sentence; and (v) stolen and stolen the Defendant’s property or committed an attempted crime by using the stolen and diverba; and (v) the victim’s property was stolen or stolen; and (v) the Defendant took advantage of favorable circumstances; (v) the Defendant’s efforts to return to the normal society after the completion of the last sentence; and (v) the Defendant appears to have been making economic difficulties; and (v) the Defendant was both recognized and opposed to the facts of the offense; and (v) the victims did not want the punishment against the Defendant upon agreement with many victims.

The lower court’s sentencing seems to have been determined within the reasonable scope of discretion by fully taking into account the above circumstances.

Although the Defendant agreed with F, one of the victims of the instant crime, the circumstance alone does not constitute a change of special circumstances that could change the sentencing of the lower court, and there is no other new sentencing data that could change the sentencing of the lower court.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

Defendant’s assertion is without merit.

3. 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 groundless.

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