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(영문) 대전지방법원 2014.04.24 2013노3214
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

The appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant made a confession of all of the instant offenses, the Defendant repented his mistake, and opposed to himself, and the fact that the Defendant reached an agreement with some of the larceny victims during the trial.

However, among the crimes of this case, the theft crime of this case committed by the defendant was committed on 87 occasions by intrusion upon his residence by using gas pipes or sludges, and the frequency of the theft crime is limited to 130 million won. Furthermore, the damage amount is very poor, and most of the damage amount is not agreed with the victims. The defendant has been punished for the same crime through several times, and the defendant has committed the crime of this case during the period of repeated crimes. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Commission was 3 years to 7 years from 3 years from 1 year from 7 years from 3 years from : theft, habitual theft, first type, special scams (a case where the crime was committed repeatedly by using special veterinary methods, tools or organizations), increased scope of recommendations (3 years from 2 to 3 years from 100 million won), drug drugs, scambling, imprisonment with prison labor, three years from 1 to 3 years from 17 years from scambling, etc.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per

(However, "CF" is corrected to "GO" in the summary of the evidence of the original judgment.

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