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(영문) 서울고등법원 2020.04.02 2020노116
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., three years of imprisonment) is too unreasonable.

2. The lower court, upon considering the following circumstances: (a) even if the Defendant was sentenced to punishment for a crime of several similar several times in the past, committed each of the instant crimes based on the theft habit in a relatively short period; (b) considering the number of crimes, frequency, and habituality, the nature of the crime is not good; and (c) the Defendant was unable to recover damage to the victims, taking into account the circumstances unfavorable to the Defendant; and (c) the Defendant appears to have a reflective attitude while recognizing all of the instant crimes; and (c) considering the circumstances favorable to the Defendant, taking into account the fact that the Defendant appears to have come to fall short of the instant crimes, the lower court was sentenced to punishment for the Defendant three years, by comprehensively taking into account all of the sentencing factors set forth in the arguments of the lower court, including the Defendant’s age, character and behavior

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances that the court below's decision on the sentencing of the defendant, claiming in this court, has already been taken into account in determining the defendant's punishment, and there are no other circumstances that the court below's decision on the sentencing of the court below is too unreasonable even when considering the materials presented during the sentencing hearing of this court.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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