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(영문) 서울고등법원 2013.10.24 2013노2845

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (three years of imprisonment and confiscation) is too unreasonable.

2. The following facts are acknowledged: (a) the Defendant made a confession of the entire commission of each of the instant crimes; and (b) the Defendant’s mistake was unrecognified in depth; and (c) the extent of damage from each of the instant crimes was not relatively heavy; and (d) the commission of the instant crimes on April 22, 2013 was committed on the attempted charge.

However, each of the crimes of this case was committed by the defendant later by cutting down keys including the current key, etc. posted to the victim's house in order to steal goods after entering the victim's house. The crime of this case was committed while the defendant tried to capture goods by leaving the house of the victim's F, which is very poor in the quality of the crime in light of the method and content of the crime. Nevertheless, the victims want to be punished against the defendant because the defendant did not agree with the victims. The defendant was punished twice for the same crime (the most of the crimes of this case are similar to the crimes of this case), one suspended sentence, and two times for juvenile protective disposition. In addition, the crime of this case was committed on April 8, 2009, as stated in the first head of the crime of this case in the judgment of the court below, and was sentenced to two years of imprisonment with prison labor for a repeated crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and since the execution of the punishment was terminated on February 28, 2011.