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(영문) 광주지방법원 2013.09.13 2013노1346
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. When considering the various circumstances of the defendant's defendant, the punishment of the court below (10 months of imprisonment) is too heavy.

B. A prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (the part not guilty of the original reasons), although prior to about 30 years, the defendant can have a thief power for the larceny. The thief of this case was committed repeatedly over 10 times in a short period of 4 months, and 10 times thief of this case appears to be a planned crime, depending on the fact that the thief of this case appears to be a method, damaged items, place and time of the crime.

Nevertheless, the judgment of the court below which acquitted the defendant on habituality is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

(2) In light of the fact that the Defendant is habitually subject to unfair sentencing, repeated criminal acts in a short period, and failure to recover damage, etc., the lower court’s imprisonment is too uneasible and unfair.

2. Determination

A. Examining the reasoning of the lower judgment regarding the prosecutor’s assertion of misunderstanding of facts and misapprehension of legal principles after closely examining the reasoning of the lower judgment by comparing the records, the lower court’s determination that acquitted the Defendant on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that it is difficult to recognize that each of the instant crimes was attributable to the Defendant’s theft habit, and there is no evidence otherwise, is justifiable. Accordingly, the Prosecutor’s allegation in this part is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor both recognize and reflects his criminal acts, and the Defendant has been punished several times for the same kind of crime in the past, but thereafter, commits the instant crime.

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