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(영문) 대구고등법원 2013.09.05 2013노306
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (three and a half years of imprisonment) is too unhued and unreasonable.

2. The Defendant was guilty of having been sentenced to a suspended sentence of imprisonment due to the crime of larceny and bodily injury resulting from robbery for three times, and, in particular, the Defendant committed the instant crime again as a repeated offense only for six months after the execution of the final sentence was completed due to the crime of larceny.

The number of larceny of this case has reached 42 times, and the amount of damage is not much.

In this case, the victim seems to have suffered a big mental shock due to robbery.

The damage caused by each of the crimes in this case has not been completely recovered.

These circumstances are disadvantageous to the defendant.

However, the Defendant recognized all of the instant crimes and divided his mistake.

The defendant seems to have committed each of the crimes of this case under the economic difficulty of the defendant.

These circumstances are favorable to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as well as the scope of recommended sentences according to the sentencing guidelines for the crime of this case, the lower court’s sentencing is deemed unreasonable as it is too low.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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