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광주고등법원 2013.07.11 2013노196

The defendant's appeal is dismissed.


1. The summary of the grounds for appeal by the accused (six years of imprisonment) is too unreasonable;

2. Circumstances favorable to the Defendant are as follows: (a) the Defendant led to the confession of the instant crime and reflects the mistake; and (b) some of the damaged items have been temporarily returned and the damage has been partially recovered, etc.

However, the crime of this case committed by the defendant in intrusion upon his residence by threatening the victim with a deadly weapon, and it is not good that the crime of larceny was committed habitually, and even if the defendant was punished several times for the same kind of crime including being sentenced to two years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, around 2008, the defendant committed the crime of this case, and all the circumstances revealed in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable, and therefore the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, the application of the judgment below No. 3

1. Since Article 334(1) of the Criminal Act is obvious in the first sentence of the corresponding provision on criminal facts, it is obvious that it is a clerical error in the "Article 334(2) and (1) of the Criminal Act", it shall be corrected ex officio.