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(영문) 대구지방법원 2014.12.12 2014노3169
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. It is recognized that the Defendant’s confession of the instant crime was against the Defendant, and that there was an agreement between the victim Q Q and the first instance, and that some of the damaged items were seized and returned to some victims.

However, the Defendant committed the thief crime of this case repeatedly several times during the period of repeated crime without being aware of the sentence sentenced to imprisonment for a period of two years and six months for the same crime, even though the execution of the sentence was completed, and even during the period of repeated crime, the Defendant committed the thief crime of this case. The amount of damage to the instant crime is large to KRW 13,400,000,000 in total, and the Defendant does not seem to have made efforts to recover damage except for those which have been partially seized, and in addition, taking into account other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, the lower court’s sentence 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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