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(영문) 대구고등법원 2013.07.04 2013노201
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (the imprisonment of four years and six months, the imprisonment of four years and four years, and the fine of one hundred thousand won) is too unreasonable;

2. Determination

A. The fact that Defendant A recognized all of his criminal acts and reflected the mistake is favorable to Defendant A.

On the other hand, it is highly likely that Defendant A committed crimes such as joint larceny and attempted robbery against foreign workers who lack defense capacity relatively relatively with Defendant B.

Defendant

A had a record of having been sentenced several times due to the same theft, etc., and in particular, on November 24, 2009, sentenced to imprisonment for one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on January 15, 201, it committed each of the crimes of this case during the repeated crime period

In addition, victims' damages have not been completely recovered.

All these circumstances are disadvantageous to Defendant A.

In addition to this point, considering the various circumstances that are the conditions for sentencing as shown in the instant pleadings, such as Defendant A’s age, character and conduct, intelligence and environment, motive for committing a crime, and circumstances after committing a crime, the lower court is not deemed to be too unreasonable since the sentence sentenced to the sentencing guidelines is too unreasonable.

B. Defendant B’s recognition of all of his criminal acts and reflects the mistake, and the degree of participation is relatively minor compared to Defendant A, etc., which are favorable to Defendant B.

On the other hand, it is highly likely that Defendant B committed crimes such as joint larceny and attempted robbery against foreign workers who have relatively lack defense capability with Defendant A.

Defendant

B has been sentenced several times due to the same theft, etc., and in particular, imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on August 7, 2008.

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