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(영문) 대구지방법원 2015.05.15 2015노1212

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

The judgment below

The victims of subparagraphs 2, 7, and 8 of the article of seizure shall be the victims.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a prison term of three years and six months, confiscation and return) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized the instant crime and against his mistake; and (b) the Defendant committed the instant crime by blocking his livelihood after release; (c) the Defendant began to commit the instant crime again during a repeated crime period or again; and (d) the instant crime may have been committed by destroying corrective devices and impairing another’s residence; (b) the Defendant committed the instant crime repeatedly several dangerous and bad crimes during a short period of time; (c) the number and frequency of the instant crime; (d) the number of victims and the number of victims did not reach an agreement with the victims even though the amount of damage was considerably high; and (e) the Defendant did not change the type of punishment after the issuance of the judgment of the court below; and (e) the Defendant did not commit the instant crime; and (e) the Defendant did not commit the instant crime again during a repeated crime period or by failing to reach an agreement with the victims; and (e) the Defendant’s age, character and conduct records and arguments, etc., the Defendant’s allegation that the Defendant’s punishment was too inappropriate.

3. According to the conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason for the appeal of the defendant. However, since it is apparent that there is some error and omission in the application of the order of the judgment below and the application of the statutes, it is so decided as per Disposition by the