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(영문) 대구지방법원 2013.07.26 2013노1596
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (in case of Defendant A, four years of imprisonment, and Defendant B, one year and six months of imprisonment) of the lower court are excessively unreasonable.

2. Determination

A. Defendant A’s confession is recognized as having been against the Defendant A while committing the instant crime. However, it is highly likely that the instant crime was committed only once a month after Defendant A was released on parole on September 30, 2010. The instant crime is committed by the same method that steals apartment windows through a wide area of area over 137 times for more than 2 years, and the quality of the relevant crime is not good. The damaged amount is equivalent to 2.9 million won, and the damaged amount is almost less than 2.9 million won, and the damage was not paid. The Defendant A saw the profits earned from the instant crime as well as the living expenses of the Defendant A and entertainment expenses. In full view of the various circumstances, such as the character and conduct of the Defendant A, the motive, means and methods of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable. Therefore, Defendant A’s assertion is without merit.

B. It is recognized that Defendant B has continued to commit the instant crime due to the fact that Defendant B led to the confession of the crime, that Defendant B did not have the same criminal record, that he did not have the same criminal record, that he was sentenced to a fine once again, and that there was a circumstance that could be considered in the motive for committing the instant crime due to the economic circumstances that were difficult to start upon Defendant A’s request.

However, by continuously purchasing stolens by Defendant B, Defendant A could continue to commit larceny for 2 years, the period of purchasing stolens for more than 2 years is considerably larger than 14,610,00 won, and Defendant B acquired and disposed of stolen stolens for more than 14,610,00 won, and the damage to the thief is not recovered.

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