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(영문) 광주고등법원 2013.06.20 2013노174

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal by the accused (three years and six months of imprisonment) is too unreasonable;

2. The circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects the mistake, and that some of the damaged items have been returned to the victim and the damage has been partially recovered.

However, the crime of this case is not likely to be committed because the defendant stolen the cash and goods of students from the library over 22 occasions, and the defendant was sentenced to imprisonment on May 24, 201 with prison labor for the same kind of crime in addition to the crime of thief on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes (thief). However, the defendant committed the crime of this case at another time during the period of repeated crime, taking full account of all the circumstances revealed in the arguments of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., the court below's punishment is too

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