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(영문) 광주고등법원 (전주) 2013.10.08 2013노184

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession of all of the instant crimes; (b) the Defendant appears to have committed larceny against the victim N; (c) the Defendant was discovered at the scene of the crime to recover all the damaged goods; and (d) the victim did not want the punishment; (b) the Defendant was the aged 72 years old; and (c) the fact that the Defendant appears to have been healthy.

However, on May 2, 1998, the Defendant was sentenced to imprisonment with prison labor for one year and six months, with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court Branch of the Seoul District Court on December 23, 2004, two years of suspended execution in prison for one year and six months, and one year and six months of imprisonment with prison labor for the same crime in the Jeonju District Court branch branch of the Seoul District Court on November 17, 2005, and three years of imprisonment with prison labor for the same crime at the Jeonju District Court on February 4, 2009 and completed the execution of the sentence at the Jeonju District Court on December 30, 201, and again committed the crime of larceny within the minimum statutory punishment prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes against the Defendant for a limited period of imprisonment with prison labor for more than three years or for another crime similar to the Act on the Aggravated Punishment, etc. of Specific Crimes on condition that the Defendant was subject to imprisonment with prison punishment for more than six years.