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(영문) 대전고등법원 2014.01.08 2013노480
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant, who made a judgment on the grounds of appeal, made a confession of all the crimes, reflects his mistake, and leads to the instant crime, and there are circumstances to consider the motive of the confession.

In addition, the defendant's crime consists of public places with multiple access and the possibility of development by more dangerous crimes was limited, and it is difficult to see that the amount of damage is significant.

In addition, it is true that there is a favorable circumstance in determining the punishment, such as the fact that the mother of the defendant, who is 81 years of age after the crime of this case, compensates the victims for damages, agreed not to have the victims want to be punished against the defendant, and that there is no person to support the mother of the defendant, other than the defendant

However, even though the Defendant had been already punished nine times for the same thief crime like the first head of the judgment, it is highly serious that the Defendant has repeatedly committed the same crime as the instant crime, and in addition, the Defendant’s age, character and conduct, intelligence and environment, and the punishment of the last punishment in the previous case was three years and six months.

Considering the motive, means, and consequence of the crime, all of the sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the sentence sentenced by the court below is not deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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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