(영문) 광주고등법원 (전주) 2018.01.30 2017노159

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(영문) 광주고등법원 (전주) 2018.01.30 2017노159

특정범죄가중처벌등에관한법률위반(절도)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the fact that the Defendant committed the instant crime in a state of mental and physical weakness due to dementia, etc., the amount of damage to the instant crime is minor to KRW 124,00,000, and the victim paid KRW 200,000 to the victim and only agreed so that the victim does not want the punishment of the Defendant, and the Defendant is not healthy, and is making it difficult for the Defendant to receive government subsidies, the sentence of the lower court is too unreasonable.

B. Considering the fact that the Defendant committed the instant crime over several occasions at the same place in a short period, the nature of the instant crime and the circumstances are not good, and that the Defendant had been punished seven times for the same kind of crime and committed the instant crime within the repeated crime period, the lower court’s punishment is too unreasonable.

2. The instant crime was committed by the Defendant on three occasions in a state of mental and physical weakness due to dementia, etc., which steals an amount equivalent to KRW 124,00 in total.

The fact that the Defendant committed the instant crime in a state of mental and physical weakness, the amount of damage is relatively small, the amount of damage is recovered, the Defendant’s mistake made by the injured party in the original trial, and the injured party does not want the punishment of the Defendant. The Defendant recognized all the instant crimes, and reflects the fact that the Defendant’s health is not good due to storm and legacy, etc., constitutes a favorable condition for the Defendant.

However, since the defendant committed the larceny in the same place three times for three days, it is not good to commit such crime, the defendant has been punished seven times due to the larceny, and he has been sentenced four times among them. In particular, on March 14, 2014, he was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on November 13, 2015 and was sentenced to imprisonment for two years and six months, and committed the same crime within the period of repeated crime after the execution of the sentence was completed.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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