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(영문) 광주지방법원 2013.10.18 2013노1873
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. When considering the various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination is a favorable condition for the following reasons: (a) the Defendant’s perception and reflection of all of the instant crimes; and (b) the amount of damage is not much high.

However, on June 21, 2012, the Defendant had been punished several times for the same crime. In particular, on November 12, 2012, when the Gwangju District Court sentenced three months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence and had been repeated period on November 12, 2012, the victims committed serious crimes, such as theft of other's property (including attempted crimes) and theft of money and valuables on seven occasions by opening clothes as the key of other victims in the cresh of the water in the leba, and using stolen credit cards.

Considering the content of the above crime, the method of taking the crime, and the frequency of the crime, etc., the nature of the crime is not good, and the damage recovery is not made up to the trial, it is inevitable for the defendant to severely punish the defendant.

Moreover, since the lower court already reduced the amount of punishment for the instant crime, and subsequently sentenced the Defendant to the minimum possible punishment by law, there is no room for further reduction of punishment.

In addition to all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and conduct, family environment, etc., the defendant's assertion is without merit, since the court below's punishment is too unreasonable.

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

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