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(영문) 대구지방법원 2013.11.14 2013노2992
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination is the circumstances that should be considered in favor of the defendant, such as the fact that the defendant repents and reflects the wrong, that the damage is not significant, that the victim does not want the punishment of the defendant under an agreement with the victim, and that the defendant should support the mother of the defendant.

However, the defendant was sentenced to imprisonment with prison labor for the crime of larceny and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes up to five times, and on October 26, 201, the defendant was sentenced to imprisonment with prison labor for the same kind and several special larceny on August 26, 201 and the judgment became final and conclusive around that time (the defendant did not appeal against the first instance judgment, but the prosecutor appealed the appeal, and the dismissal judgment was sentenced on April 26, 2012). The judgment became final and conclusive on May 4, 2012, but it was not well-known and reached the crime of this case, which was disadvantageous to the defendant.

In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned normal relationship, the age, character and conduct, the environment, the background of the instant crime, and the circumstances after the crime, it is not determined that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

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

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