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(영문) 대구고등법원 2013.03.21 2013노19
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The Defendant recognized all the facts of the instant crime and repented in depth.

After the expiration of the term of punishment, each of the crimes of this case was committed for livelihood.

Some of the stolen goods were returned to the victims.

These circumstances are favorable to the defendant.

However, in 2008, the defendant has been sentenced to 8 months of imprisonment with prison labor and 1 year and 6 months of imprisonment with prison labor in 2009 and 2011 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Since the execution of the last sentence is not one month after the end of the sentence, it constitutes a repeated crime by thiefing six times during the second month beginning with the crime of this case.

In light of these circumstances, it is necessary to punish the defendant.

In addition, it is difficult for the court below to take more favorable measures against the defendant by imposing a maximum sentence after reducing the statutory penalty.

In full view of such circumstances and the Defendant’s age, character and conduct, the background and consequence of the crime, the means and consequence thereof, and all of the sentencing conditions indicated in the instant pleadings, the lower court’s sentence against the Defendant is not deemed to be too unreasonable.

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 without merit.

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