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(영문) 대전고등법원 2014.11.14 2014노410
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant who made a judgment on the grounds for appeal of this case confessions all of the crimes in this case at the trial; (b) the fact that the crime in this case was committed in an economically imminent state; and (c) some victims do not want to punish the defendant.

However, the Defendant started to commit the instant crime at the time when two months have not passed since he was sentenced to imprisonment for the same kind of crime, in particular, after having completed the execution of imprisonment for the same crime, and was released from the prison. The frequency of the instant crime has reached 30 times, and the amount of damage has not reached 36 million won, and in consideration of all the sentencing conditions indicated in the instant pleadings, including the Defendant’s age, background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the lower court, which belongs to the sentencing guidelines set by the Sentencing Commission, cannot be deemed unfair since the sentence of the lower court is too unreasonable, in light of the following: (a) there is no particular change in the sentencing grounds after the sentence of the lower judgment, in the absence of any specific change in the sentencing grounds.

3. In conclusion, the defendant's appeal of this case 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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