beta
(영문) 대구지방법원 2015.10.30 2015노3492

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The three-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.

2. The Defendant: (a) committed the instant crime without being familiar with the Defendant during the period of repeated crime due to the same crime; (b) the frequency of the instant crime reaches 79 times; and (c) the degree of damage exceeds 100 million won in total; (c) the so-called abandoned house’s nature is bad in light of the Criminal Procedure Act; (d) the Defendant did not take specific measures to recover damage up to the trial; and (e) there is no special change in circumstances to change the sentence of the lower court after the sentence of the lower court was rendered; and (e) taking into account all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character, character, environment, family relationship, and circumstances after the decision to commence a retrial, the Defendant’s assertion is not reasonable since the sentence of the lower court was changed after the decision to commence a retrial was rendered, taking into account the circumstances where the statutory punishment is uneasible.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.