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(영문) 서울고등법원 2014.02.06 2013노3892
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal, the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.

2. In full view of the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, conditions of various sentencing specified in the argument of the instant case, including the fact that the victim does not want the punishment of the Defendant, the amount of damage is not significant, and the damage is recovered from all victims, favorable circumstances that the Defendant acknowledges and reflects the Defendant’s criminal act, and that the Defendant has been punished several times due to the larceny under the same several Acts, and that the Defendant has been sentenced to imprisonment in 2010 and has completed the execution of the sentence, but has committed the same kind of crime during the repeated offense period, etc., the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, the means and consequence of the crime, and the recommended sentencing guidelines set forth in the sentencing guidelines by the Supreme Court, it does not seem that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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