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(영문) 대구고등법원 2017.11.16 2017노438
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the fact that the Defendant appears to recognize and reflect the instant crime, and that the Defendant did not have economic difficulties by growing up in an unsound environment, and led to the instant crime, is favorable to the Defendant.

Meanwhile, the instant crime committed by the Defendant, who was sentenced two or more times to imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and again committed a theft of KRW 7.4 million in total, including the victim’s clothes, cash, etc., on 15 occasions within three years after the completion of the sentence. In light of the place, circumstances, methods, frequency, and amount of damage, etc. of the instant crime, the nature of the crime is inferior and grave, and the Defendant has a history of larceny at several times, and in particular, on May 1, 2015, the Seoul High Court sentenced the Defendant to imprisonment with prison labor for habitual larceny on 1 year and six months, and completed the execution of the sentence on May 3, 2016, and again committed the instant several identical crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes on 2 months only, which were released during the period of repeated crime, and most damages to the trial have not been recovered.

As above, comprehensively taking into account all of the sentencing factors favorable to or unfavorable to the defendant, such as the defendant's age, sex and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., as seen above, the court below appears to have sentenced the defendant three years of imprisonment with prison labor equivalent to the lowest sentence within the range of recommended sentences (three to four years of imprisonment) set forth in the applicable sentencing guidelines by law, taking into account the aforementioned sentencing factors, and even if there are no special circumstances or changes in circumstances that could reduce the sentence of the court below at the trial.

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