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(영문) 서울고등법원 2020.03.13 2019노2887
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court on the Defendant (three years of imprisonment and confiscation) is too unreasonable.

2. The lower court determined that: (a) the Defendant was sentenced to a punishment against the Defendant; (b) the Defendant was subject to juvenile protective disposition by taking account of ① unfavorable circumstances; (c) the Defendant committed the instant crime within the period of repeated crimes, even though having been sentenced to suspended sentence or having been sentenced to concurrent crimes due to the same type of crime several times; (d) the Defendant appears to have committed the instant crime to have committed gambling; and (e) the Defendant was deemed to have committed the instant crime to have committed gambling; and (e) it was difficult for the Defendant to adapt properly to social life with the execution of multiple sentence; (b) the Defendant was unable to have been economically and physically difficult to prevent the instant crime, even if considering that it was difficult for him to have been executed several times; and (b) the amount of damage from the instant crime was not the maximum amount of damage caused by the instant crime; and (c) the Defendant was able to return the damaged goods to the victim C, and agreed that only the said Defendant would have agreed to pay the agreed amount to the victim.

The sentencing of the lower court seems to have been conducted within the reasonable scope of discretion by fully taking into account the above various circumstances.

The circumstances alleged by the Defendant on the grounds of unfair sentencing by the statement of grounds for appeal are already considered by the lower court in the process of determining the sentence as above, and there is no other special circumstance to change the sentencing of the lower court.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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

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