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(영문) 대전고등법원 2013.11.27 2013노438
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. A favorable circumstance is that the Defendant appears to reflect all the facts of the crime when determining the grounds for appeal, that the amount of damage is relatively minor, and that the damage was fully returned to the victims.

However, despite the fact that the defendant had been already punished five times due to the same crime, the crime of this case is committed at least four months after completion of the execution of the last imprisonment, and the court below's most minor punishment is sentenced legally, and in light of the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence after the crime, the punishment sentenced by the court below is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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