Defendant

Defendant

Kim Jin-hun and Kim Sung-hun (Trial)

Attorney Kim Gyeong-hee (Korean)

Daegu District Court Decision 2012 Godan1996 Decided July 20, 2012

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Determination

The following circumstances acknowledged by the record: (a) the defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on October 29, 2009 on March 18, 201 and did not know about the end of the enforcement of the above punishment on March 18, 201 and committed again the crime of this case; (b) the defendant was punished for the same crime in addition to the above judgment, more than 10 times; (c) the defendant started to commit the crime of this case at the time when the defendant was released from prison and about 1 month period; (d) the risk of repeating the crime of this case seems to be very high in light of the criminal records of the defendant; (e) it is difficult to view that the defendant did not agree with the victims; and (e) it was hard to view that he was making a serious effort to reach an agreement, as well as equity in criminal punishment for other crimes similar to the crime of this case, Defendant’s age, character and environment, occupation and environment, circumstances leading leading to the criminal punishment of this case;

3. Conclusion

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

Justices Kim Tae-cheon (Presiding Justice)