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(영문) 대구고등법원 2013.11.21 2013노488
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is deemed improper because the sentence of the court below (three years of imprisonment) is too unhued;

2. The judgment of the defendant committed the crime of this case was committed habitually 57 times or attempted to steals things. The defendant had been sentenced nine times or more to the same crime prior to the crime of this case. In particular, on December 29, 2008, the defendant was sentenced to four years of imprisonment with prison labor due to habitual larceny, etc. on August 15, 2012 and committed repeatedly the crime of this case in the same kind after being released from prison without being aware of about two months after being released from prison during the repeated period, and the defendant did not recover damage to the victims.

On the other hand, the fact that the defendant recognized all the crimes of this case, and reflects his mistake, that some of the crimes of this case were committed with attempted attempts, and that the defendant seems to have committed a crime of this case due to economic difficulties while making efforts to adapt to society after release, etc. are favorable to the defendant.

In addition to this point, considering the various circumstances that are the conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., it is not recognized that the lower court’s sentence within the scope of the sentencing criteria is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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