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(영문) 대구고등법원 2013.10.17 2013노422

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four years of imprisonment) is too unreasonable.

2. The Defendant recognized that all of the instant crimes were committed, thereby opposing his mistake.

피고인은 허리디스크와 갑상선 항진증의 질환을 앓고 있고, 노부(老父)를 부양하여야 한다.

These circumstances are favorable to the defendant.

However, the Defendant had been sentenced five times only for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. In particular, the Defendant was sentenced to three years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2009 and began to commit the larceny again on December 16, 2012, even though the enforcement of the above punishment was completed on October 17, 2012.

The crime of this case is committed by the defendant for about 25 months in total during a repeated term of about 4 months, and is committed by theft or attempted to steals an article equivalent to KRW 25,360,000, and the nature of the crime is very bad.

The victims are not recovered from damage at all, and there is no agreed victim.

These circumstances are disadvantageous to the defendant.

There is no special change in circumstances in the past.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the scope of the recommended sentencing guidelines and the scope of the recommended sentencing guidelines, the lower court’s punishment is not deemed unfair because it is too unreasonable.

3. 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.