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(영문) 광주지방법원 2013.06.21 2013노960
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The punishment of the court below (one year and six months each) is too heavy when considering various circumstances against the defendants in light of the summary of the grounds for appeal.

2. The fact that the defendants recognized the crime of this case as well as their depth pening, and they agreed with the victims, etc. are favorable to the defendants.

However, the crime of this case is a case where the defendants habitually committed a theft of property by entering the apartment house of another person five times consecutively due to the same crime, and the quality of the crime is not good in light of the frequency of the crime, the method of the crime and the scale of damage, etc., the defendants committed the crime of this case without any weighting despite the fact that they had been punished several times of the same crime, and in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act including the defendants' age, character and behavior, family environment, etc., it cannot be deemed that the sentence of the court below is too unreasonable, and since the court below sentenced the defendant to the minimum punishment that can be sentenced by law after mitigation of the crime of this case, the defendants' assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 of the Criminal Procedure Act since the defendants' appeal is without merit. It is so decided as per Disposition.

Defendant

C In the case of C, the record reveals that on November 23, 2012, after being sentenced to a suspended sentence of three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, by the Gwangju District Court on December 1, 2012, the fact that the judgment became final and conclusive on December 1, 2012 (hereinafter “final judgment 1”), and on April 4, 2013, the fact that the Gwangju District Court sentenced the suspended sentence of two years for a suspended sentence of four months due to fraud, etc. at the Gwangju District Court on April 12, 2013 that the judgment became final and conclusive on April 12, 2013 (Seoul District Court 2013 High Court 385 hereinafter “the final and conclusive judgment”).

Therefore, the instant crime was committed on March 6, 2013, which was before the second final and conclusive judgment became final and conclusive.

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