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(영문) 대전고등법원 2014.12.12 2014노467
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (five years of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant's judgment on the grounds for appeal is against the mistake while recognizing all the crimes of this case by the trial court, and that the victim F is not subject to punishment against the defendant.

However, in light of the crime of this case, the crime of booming by the defendant habitually commits a booming booming from other victims, and the nature of the crime is not somewhat weak in light of the circumstances, frequency and methods of the crime, etc., and the defendant committed the crime of this case again during the period of repeated larceny for which six months have not passed since the release, even though he was sentenced four times as a result of the crime of the same habitual larceny, and the victim did not recover damage at all, and other sentencing conditions, which are the conditions for sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below, within the recommended range of imprisonment (three years to six years) set by the Sentencing Commission, cannot be deemed unfair in light of the circumstances where there is no change in any particular reason after the judgment of the court below was rendered.

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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