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(영문) 서울남부지방법원 2018.11.16 2018노1418
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A shall be punished by imprisonment for not less than two years and six months.

Defendant

B An appeal under Section B.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) by the court below is unreasonable because the punishment (a three years of imprisonment with prison labor and a one year of imprisonment with prison labor) declared by the court below is too unreasonable.

2. Determination

A. The fact that Defendant A was divided by mistake and reflected by Defendant A is favorable to the Defendant.

However, the defendant did not know even though he was a repeated crime due to the same crime, and the defendant committed a repeated crime for a short time after having been released from the same criminal records, and the victim's damage has not been completely recovered and has not been received from the victims, etc. are disadvantageous to the defendant.

In full view of the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and changes in the above circumstances, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.

B. Defendant B’s mistake is divided and reflected by Defendant B, and the Defendant agreed with two victims in the lower court, and partially deposited money to the remainder of the victim in the first instance trial, etc. are favorable to the Defendant.

However, the defendant did not know even though he was a repeated crime due to the same crime, and the defendant committed a second offense, which is disadvantageous to the defendant, such as having committed a second offense with many criminal records and having been released from the same crime for a long time.

In full view of the circumstances before and after the instant crime, the Defendant’s age, sex, occupation, and environment, and all the sentencing conditions indicated in the instant records and arguments, the sentence imposed by the lower court is deemed appropriate, and it does not seem unfair because the sentence imposed by the Defendant is too unreasonable (the lower court’s sentencing that reduced the amount of punishment against the Defendant is one year of imprisonment), and the Defendant’s assertion is without merit.

3. Conclusion, Defendant B-.

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