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(영문) 서울중앙지방법원 2017.01.19 2016노4392
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Although the court below has a favorable condition to the defendant, there are many kinds of criminal records favorable to the defendant, which have been sentenced to punishment for the same kind of crime, in particular, the defendant who was punished for the same kind of crime, was released from the prison, and again committed the crime in this case only for one month after release from the prison, and the court below held that the defendant who is a repeated offender was sentenced to a maximum punishment under the law by reducing the amount of punishment, and in full consideration of the motive, means and result leading up to the crime in this case, circumstances after the crime, the defendant's age, sexual behavior, environment, etc., as well as all other circumstances that have no change in the sentencing conditions compared with the court below, it is not recognized that the sentencing of the court below is too excessive and exceeded the reasonable scope of discretion.

3. Accordingly, 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 without merit. It is so decided as per Disposition.

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