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(영문) 광주고등법원 2018.10.11 2018노243
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Although the Defendant had been sentenced several times to imprisonment with prison labor due to the same habitual larceny crime, the Defendant committed the same kind of crime during the period of repeated crime.

In addition, the defendant was driving a stolen vehicle without obtaining a driver's license.

The nature of the crime is bad in light of the content and method of the crime.

Until this Court, the Defendant did not recover from the victims.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sexual conduct, motive and background of the crime, and circumstances after the crime, even though considering the following factors: (a) the Defendant was committed by himself/herself; (b) the value of the stolen goods is not significant; and (c) the value of the stolen goods has been returned and certain victims have been restored, it does not seem that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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