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(영문) 전주지방법원 2013.05.10 2013노212
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant habitually committed each of the larcenys in this case, the court below rendered a not-guilty verdict on the habitual larcenys in the facts charged in this case on the ground that the defendant cannot be recognized as habitual larcenys. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, 150,000 won, etc.) is too uneasible and unreasonable.

2. Determination

A. The lower court rendered a judgment on the assertion of mistake of facts or misapprehension of legal principles on each of the crimes of this case, on the grounds that it is difficult to readily conclude that each of the crimes of this case was committed by the Defendant, and there is no other thief and its method or content, since most of the crimes of this case were committed by the Defendant outing and living in an economic situation, and there is a difference between the Defendant’s other larceny criminal records and the crime committed by the Defendant. However, although some of the crimes were similar to the previous criminal records, it is not planned or professional, and there is no record of criminal punishment for the same kind of crime, it is difficult to conclude that each of the crimes of this case was committed by the Defendant’s realization of the theft habit, and on the grounds that there is no other evidence to acknowledge habituality, it is not guilty in the reasoning of the judgment on the part of the charges of this case on the ground that there is no other evidence to acknowledge habituality, the lower court’s judgment is just and acceptable, and there is no error of law

B. Although the Defendant had a record of being punished as a same kind of crime, the Defendant committed each of the instant crimes in a state of mental disability, and the instant case.

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