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(영문) 서울동부지방법원 2017.01.20 2016노1859
상습특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and eight months) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant may be considered in light of the following: (a) the Defendant’s economic difficulty to commit each of the instant crimes; (b) the Defendant did not lead the commission of the crime; and (c) the acquisition interest appears not to have been high.

However, the crime of this case committed by the defendant was committed by 10 times in light of the expertise and interviewability of the law on crime, the frequency of crime, and the degree of damage, and the nature and circumstances of the crime are very serious in light of the nature of the law on crime, and the degree of damage.

The Defendant had been sentenced to punishment for several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). In particular, on October 26, 2013, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in 2010 and constitutes a repeated crime after the execution of the sentence was completed, and committed the instant crime without being aware of it.

In full view of the following circumstances: (a) the sentence imposed on an accomplice; (b) comprehensively taking into account various sentencing conditions that appear in the records and pleadings, such as balance of the punishment imposed on the accomplice; (c) circumstances after the commission of the crime; (d) the Defendant’s age; and (e) the Defendant’s sexual conduct; and (e) the environment

3. 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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