[특정범죄가중처벌등에관한법률위반·보호감호][공1983.12.1.(717),1685]
The case affirming the risk of recidivism
The risk of recidivism is recognized if the defendant has been convicted of having been sentenced to punishment of 8 years and 4 months in total in nine times, such as habitual residence and theft, at night, and has committed the larceny again.
Articles 329 and 332 of the Criminal Act, Article 5(2)1 of the Social Protection Act
Defendant and Appellant for Custody
Defendant and Appellant for Custody
Attorney Yong-jin
Daegu High Court Decision 83No630,83No147 decided July 5, 1983
The appeal is dismissed.
The period of detention pending trial after appeal shall be included in the imprisonment for forty days.
The grounds of appeal by the defendant and his/her defense counsel are also examined.
According to the evidence presented by the court of first instance which the court below maintained, it is just to reject the argument that the defendant had no or weak ability to determine things due to a mental or physical disorder under the influence of alcohol at the time of the crime of this case, and there is no error in the theory of lawsuit, and the argument that the amount of punishment of the court below is excessive and unfair shall not be a legitimate ground for appeal in this case where the court below sentenced one and half years to imprisonment at the court of first instance. Further, according to the records, the court below recognized the defendant's criminal record, which was sentenced nine times in total to nine years and four months in prison, including habitual night, night, intrusion upon residence, theft, etc., and that the court below maintained the judgment of first instance which judged that the defendant was in danger of re-offending, in light of the fact that the defendant again committed the crime of this case, and there is no illegality in the theory of lawsuit
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act and Article 24 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings to the inclusion of detention days after the appeal.
Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young