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(영문) 서울남부지방법원 2018.04.26 2018노119
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing of the Defendant) is too unreasonable in light of the following: (a) the Defendant recognized all of the instant crimes and reflects the depth thereof; (b) the Defendant committed the instant crime to maintain his livelihood after release; and (c) the Defendant attempted to commit the instant crime and make efforts to repay damage to the victims, etc., the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant voluntarily surrenders to the crimes of Paragraph 1 as indicated in the judgment below at the investigation stage, and that the defendant shows a misunderstanding by submitting a statement of reflection several times after recognizing the entire crime of this case, etc. is favorable to the defendant.

However, the Defendant, who was sentenced to imprisonment not less than three times with prison labor for larceny, has completed the prison term of imprisonment for the crime of habitual larceny, and the Defendant repeatedly committed each larceny crime in the judgment of the court below, which is subject to aggravated punishment during the period of repeated crime, and the nature of such crime is heavy.

In addition, taking into account the fact that there are many criminal records, including criminal records, the victims have not reached an agreement with the victims, and the defendant has the same criminal records as criminal records, it is necessary to punish them accordingly.

In addition, there are no new special circumstances or changes in circumstances that can be reflected in the sentencing after the decision of the court below.

In this context, based on the number of sentences of the same kind of case, crimes No. 1 [the scope of recommending punishment] are the basic area (one year and six months to three years) of the Act on the Aggravated Punishment of Specific Crimes (a person who is subject to special sentencing] (the scope of recommending punishment). 2. The mitigated area (a person who is habitually and repeatedly punished) of the type No. 1 (a person who is subject to special sentencing) of the Act on the Aggravated Punishment of Specific Crimes (a person who is subject to punishment) (a person who is subject to punishment).

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