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(영문) 서울고등법원 2017.11.02 2017노2463
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation) is unreasonable compared to the extent of the Defendant’s responsibility.

2. The lower court determined that the Defendant, who had been punished several times for the same kind of crime, repeatedly repeated the instant crime within three months after the completion of the execution of the sentence, and considering the fact that the nature of the instant crime is not good in light of the applicable law of the instant crime, while considering the circumstances unfavorable to the Defendant, the lower court recognized and reflected the Defendant’s crime, and partly caused the Defendant’s difficult economic circumstances.

In consideration of the favorable circumstances in favor of the defendant, the sentence corresponding to the lower limit of the recommended range according to the sentencing guidelines was sentenced.

The lower court’s determination on sentencing is deemed reasonable within the reasonable scope of discretion, taking into account the following factors: Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime was committed. However, it cannot be deemed that the lower court imposed an excessive heavy sentence.

3. According to the conclusion, 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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