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(영문) 광주고등법원 2018.10.18 2018노295
특정범죄가중처벌등에관한법률위반(절도)
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. The judgment of the Defendant, even though he/she had been punished several times due to habitual larcenys (the total of 24 years after having been sentenced to imprisonment with prison labor) and was released from the prison, began to commit larceny again. In addition, in rural villages, the Defendant stolen money and valuables by intrudeing people into abandoned houses in the gap of work.

In light of the repetition of crimes, the frequency of crimes, and the method of the number of crimes, etc., the quality of crimes is very bad.

In full view of the aforementioned circumstances and other factors of sentencing, including the Defendant’s age, environment, method of crime, and circumstances after the commission of the crime, etc., even if considering the following as favorable to the Defendant, even though the sentence imposed by the lower court is too unreasonable, it does not seem to be unfair on the ground that the Defendant’s punishment is too excessive, even though it is considered favorable to the Defendant, such as the following: (a) the Defendant committed a crime and committed a serious violation; (b) a part of the crime was committed; (c) the victim I et al. agreed with nine victims, and the victims were not punished; (d) the value of the stolen goods of this case is not relatively large; and (e) the Defendant appears to have an obstacle to impulse adjustment, which are military

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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