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(영문) 대구고등법원 2018.12.20 2018노436
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable for two years of imprisonment with prison labor sentenced to the defendant.

2. Examining the various sentencing conditions in the instant case, the Defendant’s perception of all of the instant crimes and reflects his mistake, and the Defendant does not repeat again.

Along with the fact that the defendant is a recipient of basic living for the aged, the defendant seems to have reached the crime due to economic difficulties because he was unable to find a particular occupation as a recipient of basic living for the aged, some of the crimes were attempted, and the amount of damage to the remaining crimes was not significant, and some of the damage was returned to the victims, and the defendant's health was not good due to high blood pressure and urology, etc., in favor of the defendant.

Meanwhile, although the crime of this case was committed by the defendant for the same kind of crime [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)] and was sentenced seven times from 193 to 2014, the crime of this case was committed habitually for three months from May 18, 2018 to August 6, 2018, which did not constitute one year after the execution of the final sentence was completed, and thus habitually intrudes another person's residence or steals cash or goods into another person's vehicle for three months from May 18, 2018, and was committed habitually, the crime of this case is not very good in light of the criminal history, period, details and method of the crime, continuity and repetition of the crime, the defendant failed to reach an agreement with the victims, and the damage recovery was not made.

As above, the court below comprehensively takes into account the defendant's age, sex and environment, family relation, health status, motive and background of the crime, means and consequence of the crime, circumstances before and after the crime, etc., and other various sentencing conditions in the sentencing guidelines, which are favorable or unfavorable to the defendant. In addition, the court below set the sentencing guidelines by taking into account these sentencing conditions.

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