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(영문) 대구고등법원 2017.11.16 2017노462

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the following are favorable to the Defendant: (a) the Defendant was aware of and against all of the instant crimes; (b) the victim did not want to be punished by the Defendant in agreement with the victim of the special injury; (c) the victim was growing up in an unsound environment; and (d) the fact that it was difficult to maintain a livelihood due to the difficulty of maintaining a livelihood.

On the other hand, within three years after the execution of punishment imposed on the defendant habitually or attempted larceny, he habitually intrudes the victim at night at night via the factory entrance, and steals cash equivalent to approximately KRW 1.4 million in total after destroying the victim's knicker installed therein, and inflicted an injury on the victim's head one time on the ground that the victim H had taken her female employee at the drinking house, on the ground that he/she got out of the said victim's head at the drinking house, in light of the circumstances and methods of the crime, number of times, the damage amount, and the relationship between the defendant and the victim, etc., the defendant had a strong and significant history of having been punished several times due to the same kind of larceny, and in particular, the victim committed an injury to the defendant for the same kind of larceny during his/her term of punishment after being sentenced to imprisonment with prison labor from the Daegu District Court Support to larceny at night on June 24, 2015 to the victim's death at the end of the crime.

As above, the defendant is a person who is favorable or unfavorable to the defendant.