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(영문) 서울중앙지방법원 2013.04.05 2013노707
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

The court below's compensation order shall be revoked.

An application of the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. Although the Prosecutor’s petition of appeal contains the phrase “justifiable grounds for appeal” in the Prosecutor’s petition of appeal stating “justifiable grounds for appeal,” the specific grounds for appeal is not specified in the Prosecutor’s petition of appeal, and there is no specific statement on the grounds for appeal submitted by the Prosecutor.

Therefore, the prosecutor’s assertion of unreasonable sentencing cannot be deemed a legitimate statement in the grounds for appeal (see, e.g., Supreme Court Order 2005Mo564, Mar. 30, 2006). Thus, the prosecutor’s assertion of unfair sentencing does not

In light of the fact that the defendant repeats thief over 30 times for two months, the crime of the defendant is recognized as habituality.

Nevertheless, the court below did not recognize habituality, and found the defendant not guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. (1) The summary of the charge against the Act on the Aggravated Punishment, etc. of Specific Crimes, among the facts charged in the instant case, is that “the Defendant stolen property as stated in the facts charged habitually.”

(2) The lower court rendered a judgment on the ground that it is difficult to readily conclude that the instant crime was a criminal act by the Defendant on the ground that: (a) there is no criminal punishment against the Defendant for larceny; (b) the Defendant committed each of the instant crimes under the circumstances where it is difficult to raise room and board expenses after having left the workplace; (c) the stolen money and valuables appear to have been used for accommodation; and (d) most of the criminal acts consisting of a mobile phone with another cell phone in which the relevant several methods are planned or specialized; and (e) the instant crime was committed on the ground that it is difficult to conclude that the instant crime was a criminal act on the part of the Defendant

(3) A thief is involved in the judgment of the court.

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