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(영문) 대전지방법원 2015.09.04 2015노2043

특정범죄가중처벌등에관한법률위반(절도)등

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 (two years and six months of imprisonment) is too unreasonable;

2. Determination

A. There are extenuating circumstances, such as the confession of a crime, the Defendant’s reflects the fact that part of the damaged goods were returned, and that some of the victims were not punished for the Defendant, and that the health status is not good.

B. On the other hand, in light of the fact that the Defendant committed the instant crime during the period of repeated crime, and the number of the crimes and the amount of damage are not significant even though the previous crime and the sentence were committed several times, it is impossible to impose a strict liability on the Defendant and a sentence is inevitable.

C. In light of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, motive, details and consequence of the crime, and circumstances after the crime, the lower court’s sentence is adequate.

3. The appeal by the defendant is without merit and it is so decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.