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(영문) 대구지방법원 2015.06.19 2015노1660
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination: (a) although there are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the instant crime and against his mistake, and that the amount of damage caused by the instant crime is relatively low, the Defendant again committed the instant crime during the period of repeated crimes despite having had been sentenced several times of punishment due to the instant larceny; (b) the Defendant did not repay damage or agree with the victim despite having already been sentenced several times of larceny; and (c) the statutory penalty for the instant violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for life or for not less than three years, the maximum punishment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for not less than one year and six months; (b) there is no other reason for legal mitigation; and (c) the Defendant, who is disqualified for suspension of execution, appears to have sentenced the lower court to the statutory maximum punishment through discretionary mitigation in consideration of the aforementioned favorable circumstances; and (d) other circumstances revealed in the records and arguments such as the Defendant’s age

3. Accordingly, 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. It is so decided as per Disposition.

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