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(영문) 대전지방법원 2013.04.04 2013노49
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The three-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.

2. In light of the following factors: (a) considering the fact that the Defendant was in depth of his mistake; (b) considering the fact that the Defendant committed the instant crime under the circumstances leading to living conditions due to an unforeseen family environment, etc., the Defendant’s same criminal records reached ten times; and (c) again committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of it during the period of repeated crime due to the previous and previous crime; (d) the form of the instant thief crime was invaded upon the residence and stolen the property, the nature of the relevant crime is not very good; (e) the damage was not recovered almost, except the part of the damage that was returned to the victim to the trial; and (e) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the circumstances before and after the commission of the crime, the sentencing of the

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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