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(영문) 서울고등법원 2013.06.14 2013노1261
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In each of the larceny crimes of this case in mistake of facts, there is a considerable interval from the previous crimes, the motive for the crime is different, and the motive for the crime is contingent, and thus, the judgment of the court below is erroneous in finding a mistake of fact differently.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Part 1 of the case of defendant's assertion of misunderstanding of facts also at the court below, the court below rejected the above assertion in detail under the title "decision on the defendant's and his defense counsel's assertion" as stated in the judgment of the court below. A thorough comparison with the above judgment of the court below with the records, the judgment of the court below is justified, and there is no error of law affecting the conclusion of the judgment by misunderstanding facts. Therefore, this part of the defendant's assertion of inappropriate sentencing is without merit. 2) Each of the crimes of this case against the defendant's assertion of unfair sentencing is habitually stolen other articles which the defendant has neglected the victim's management, duplicating them. The defendant committed each of the crimes of this case during the repeated period. The defendant had already been punished several times for the same crime, the medical treatment and custody of the defendant was terminated, and the defendant committed each of the crimes of this case again within four months after the termination of the medical treatment and custody, and the defendant's age, character and conduct, motive and motive of the crime of this case, the motive and circumstances of this case, etc.

Therefore, this part of the defendant's argument is without merit.

B. We examine the medical treatment and custody case against the defendant in part of the medical treatment and custody case and the defendant.

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