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(영문) 광주고등법원 2013.09.26 2013노327
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the court below's imprisonment (four years of imprisonment and confiscation) is too unreasonable;

2. There are circumstances favorable to the defendant, such as the confession of the crime of this case and reflects the mistake, the defendant agreed with some victims, and the fact that some damaged goods have been temporarily returned to some victims.

However, in full view of all the circumstances such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, circumstance after the crime, etc., the lower court’s punishment is too unreasonable, and thus, it is not recognized that the Defendant’s above assertion is too unreasonable, inasmuch as it is not reasonable in full view of the following: (a) the Defendant committed the crime in this case even though he was sentenced to several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes in the past; and (b) the Defendant committed the crime in this case even though he was sentenced

Meanwhile, while the court below issued a compensation order pursuant to C’s application for compensation, the court below did not determine whether the compensation order is just, since the applicant for compensation had withdrawn the application for compensation order against the defendant in the first instance.

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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