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(영문) 광주고등법원 2013.05.23 2013노76
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's decision on the grounds of appeal by the defendant is unfair because the punishment (four years of imprisonment) is too unreasonable.

2. Circumstances favorable to the Defendant are as follows: (a) the Defendant led to the confession of the instant crime and reflects the mistake; and (b) the fact that some of the damaged items were temporarily returned and the damage was partially recovered, etc.

However, the defendant was sentenced to three years of imprisonment for the same kind of crime at the Gwangju District Court on January 12, 2010 and committed the crime of this case on July 11, 2012, since two months have not yet passed since the execution of the sentence was terminated, the defendant committed the crime of this case. The defendant had the records of punishment for the same kind of crime, the victims want to punish the defendant and the damage was not recovered most, the defendant's age, character and conduct and environment, motive, means and consequence of the crime of this case, all the circumstances shown in the arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence, it is difficult for the court below to find that the above argument of the defendant is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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