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(영문) 대구지방법원 2014.06.13 2014노1047
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to two years and six months, confiscation) of the lower court is unreasonable.

2. It is recognized that the defendant's confessions all of the crimes of this case and reflects the judgment.

However, the crime of this case is committed by intrusion on the side, etc. where the defendant was able to commit the crime at night, and the nature of the crime is very poor, and the defendant's previous convictions due to the same crime are five times (two times in actual punishment and three times in suspended execution) or three months after the criminal convictions due to the same crime, which is likely to repeat the crime of this case again. The frequency of the crime amounts to 18 times, and the damage amounts to about 14 million won has not been completely recovered, and it is not determined that the court below's punishment is excessively unreasonable, considering the following: the defendant's character and behavior, the motive, means and methods of the crime of this case, and the circumstances after the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, in accordance with Article 25 (1) of the Regulations on Criminal Procedure, it shall be corrected that the list of offenses is added to the end of the judgment of the court below.

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