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(영문) 대구고등법원 2018.04.12 2018노24
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the fact that the Defendant all recognized the crime and took an attitude to reflect the wrongness, that it appears to have an impact on the motive of living difficult after the release to proceed to the crime, and that it will not be absolutely reoffending in the future for his or her father with a delay.

They are favorable to the defendant.

However, in light of the past thief experience in the crime of this case at the pharmacy, the Defendant stolen bicycles to take the locking device as a means of movement at night during about 20 days, and stolen cash by destroying locking the locking device to his pharmacy at night, etc., and committed attempted money and valuables amounting to KRW 7,60,000,000. Since it did not find stolen objects, the crime of this case is very poor in light of the background, frequency, method, etc. of the crime, and there is a significant history of criminal punishment, and in particular, the Defendant was sentenced to a prison life on several occasions for habitual larceny, and was sentenced to a considerable amount of punishment to the victims, except for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on December 18, 2007, and the victim did not recover from the prison term after being sentenced to some damage again on October 2, 2014.

As above, the sentencing factors favorable or unfavorable to the defendant are different.

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