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(영문) 대전고등법원 2015.10.16 2015노405
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Unfair sentencing: The sentence of the lower court (two years of imprisonment) is too unreasonable.

Judgment

In full view of the circumstances that are favorable to the defendant (including nine times a criminal act), including the fact that the defendant committed each of the instant crimes in spite of the fact that he/she had been punished more than 13 times in total for the fraud related to a theft-related crime (including 7 times a criminal act), the fact that the defendant committed each of the instant crimes in spite of the fact that he/she had been punished more than 13 times in total, and that the defendant committed each of the instant crimes during the period of repeated crimes after the completion of the execution of punishment due to the theft-related crime, and that the defendant committed any similar crime habitually, the risk of recidivism cannot be deemed to be low in light of the fact that the defendant committed the crime. In full view of the circumstances that are favorable to the defendant (including the fact that the defendant shows an attitude against the defendant when recognizing the crime, that the victim L, P, and the victim did not have agreed with it, that the victim was recovered from the damaged goods, and that the amount of damage caused by the instant crime is not significantly significant).

The judgment of the court below shall not be deemed to have an unreasonable reason, as alleged in the grounds for appeal by the defendant.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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