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(영문) 광주고등법원 2013.09.26 2013노337
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is improper because the punishment imposed by the court below (six years of imprisonment and confiscation) is too unreasonable.

2. The judgment does not have any favorable circumstances for the defendant, such as both the criminal facts and the misunderstanding of one’s own mistake.

However, the crime of this case is committed on 20 occasions that the defendant steals or attempted to steals precious metals, cash, etc. worth 4,5640,000 won in total, and the nature of the crime is not good. Although the defendant had been sentenced twice as a single crime, he again committed the crime of this case within the period of repeated crime after the execution of the final sentence was completed even though he had the record of having been sentenced twice as a criminal of the same crime, the defendant again committed the crime of this case within the period of repeated crime, and the opening of bank account or cellular phone with a stolen resident registration certificate, etc., and the damage is not recovered. In full view of various sentencing conditions such as the defendant's age, character and behavior, environment, relationship with the victim, motive, means, consequence, etc., it is not recognized that the

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, in accordance with Article 25 of the Rules on Criminal Procedure, the phrase "each present space of the drones (Evidence No. 1) and iron (Evidence No. 2) seized 1." is deleted ex officio in the summary of the evidence in the judgment of the court below.]

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