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(영문) 광주고등법원 2019.01.17 2018노438

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The judgment defendant has repeatedly committed the same kind of crime since two months have not elapsed since he/she was subject to multiple punishments due to theft crimes.

In light of the repetition of crimes, the frequency and methods of crimes, etc., the nature of crimes is very bad.

Until this Court, the Defendant did not recover the victims’ damage.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of this case, even if the value and the amount of the stolen goods are relatively small, and the damaged goods were temporarily returned and the damaged damage was partly recovered, it cannot be said that the lower court’s sentence is too unreasonable, even if it is considered favorable to the Defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.