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(영문) 서울고등법원 2015.09.17 2015노2054
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. The Defendant recognized that all of the instant crimes were committed, thereby opposing his mistake.

Since most of the property that the defendant stolen or stolen is considered to be used as hospital expenses or living expenses, etc., the motive for the crime can be taken into account.

Some victims of the crime of this case do not want to be punished against the defendant.

However, the crime of this case is very bad because the defendant steals another person's property through 11 times entering an empty office of a private teaching institute, and wrongfully uses a stolen credit card on five occasions, thereby taking the property by fraud, and the crime is committed.

The defendant committed the crime of this case again when 9 months have not passed since he was released from prison despite the fact that he had been punished several times due to larceny.

The victims have not been recovered from the victims, and most victims have been punished for the defendants.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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