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(영문) 대구고등법원 2013.06.27 2013노202
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

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

2. Determination is based on the following: (a) the Defendant had been sentenced to punishment more than ten times for the larceny crime; (b) was sentenced more than six times for the habitual larceny crime; and (c) was sentenced more than one year after the final sentence was completed; and (d) the Defendant committed the instant crime and constitutes a repeated crime.

The crime of this case is not appropriate in light of the fact that the defendant knew that agricultural products are easily disposed of, and committed larceny, and the frequency of the crime was committed 19 times, and that the crime also extends to a relatively broad area, such as Cheongdo, Do, cultivation, and scam, and old age.

These circumstances are disadvantageous to the defendant.

However, the Defendant has led to the confession of all the crimes of this case and committed a misunderstanding in depth.

The Defendant, who entered a house, not at night, through a gate simply opened in a week, was stolen agricultural products located therein, and the shape of the thief crime was not bad, and four times during the thief crime of this case was attempted, and among victims, D, K, F, L, U, E, N, N, andO did not want to be punished by the Defendant.

The defendant suffers from disease, such as typhism and pulphal disks.

These circumstances are favorable to the defendant.

In addition to this point, considering various circumstances such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, it is recognized that the sentence of the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on the conclusion.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.

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