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(영문) 서울고등법원 2013.09.06 2013노2228
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

No. 13 of seized evidence shall be charged to the defendant.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (six years of imprisonment) is too unreasonable.

However, even though the defendant had already been sentenced several times of punishment for the same crime, he/she again commits the crime of this case during the repeated crime period, there are many frequency of the crime of this case, and the method of such punishment is highly likely to be subject to criticism.

However, in light of all the sentencing conditions, including the defendant's age, family relation, criminal record, occupation, environment, motive and circumstance of the crime, method and method of the crime, circumstance after the crime, etc., the punishment imposed by the court below against the defendant is deemed to be unreasonable, and thus, the defendant's assertion is justified.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the fact that a credit card or a debit card is illegally used, and the choice of imprisonment is each option) concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the Act on the Aggravated Punishment, etc. of Specific Crimes is violated;

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