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(영문) 광주고등법원 2013.09.05 2013노298
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) was unable to coordinate the impulse that the Defendant wishes to take on board, thereby resulting in the instant crime. At the time of committing the instant crime, there was no or weak ability to discern things or make decisions.

(2) The lower court’s sentence of unfair sentencing (a three-year imprisonment, confiscation) imposed on the Defendant is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable.

2. Determination

A. In light of the circumstances such as the background leading up to the Defendant to commit a crime, the means and methods of committing a crime, and the Defendant’s conduct before and after committing a crime, it is not deemed that the Defendant did not have the ability to discern things or make decisions at the time of committing a crime, and thus, this part of the Defendant’s assertion is without merit.

B. Although the Defendant was sentenced several times to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant again committed the instant crime within the period of repeated crime after the execution of the final sentence was completed, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is both aware of the facts constituting the crime and separates his mistake, the amount of stolen money and goods is not significant, and the fact that the victim C agreed with the victim is favorable to the defendant.

In full view of such circumstances as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

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