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(영문) 서울고등법원 2017.08.31 2017노1558
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty imposed by the court below (four years of imprisonment) is unreasonable compared to the defendant's liability.

2. The lower court, in light of the motive, circumstance, and method of each of the instant crimes, committed a crime with poor quality, and repeated crimes committed in the past and seven months after release even after being punished for the same kind of crime several times.

In light of the fact that the police has been attached to the crime 17 times while committing the crime, it is highly likely to criticize the defendant, while taking into account the circumstances unfavorable to the defendant, the fact that the defendant recognizes all of the crimes and reflects them, and that it appears that the growth period and most of the youth people could not adapt normally to society due to odor from prisons in an infinite family environment would have been an opportunity for each of the crimes of this case. Damage caused by each of the crimes of this case is not significant, and the damage was not significant, and the damage was returned, and the punishment was determined within the scope of the applicable sentences of law, taking into account the circumstances favorable to the defendant, by taking into account the fact that the damage was returned.

The lower court’s determination on sentencing appears to have been made within the reasonable discretion by comprehensively taking into account all the conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and there is no obvious change in the sentencing conditions to revise the lower court’s judgment in the first instance court. Thus, the Defendant’s assertion that the sentence imposed by the lower court is too heavy

3. According to the conclusion, 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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