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(영문) 대구고등법원 2013.11.07 2013노464
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;

2. The Defendant recognized the instant crime, and thereby is against his mistake.

The Defendant appears to have committed the instant crime for debt repayment and livelihood.

The thief of this case was only one time, and the thief of this case was attempted to intrude the victim’s residence and attempted to commit it.

In the first instance, the defendant agreed with the victim, and the victim wants the defendant's wife.

On November 29, 2012, the Defendant suffered from the injury that the front fright-dong, the front fright-dong, the Defendant complained of pains due to this, and suffering from mental diseases such as unstable disorders.

These circumstances are favorable to the defendant.

However, in 199, the defendant has been sentenced to punishment for robbery, injury by robbery, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, three times.

Since the execution of the final sentence is not more than seven months, the Defendant committed the instant crime and constitutes a repeated crime.

These circumstances are disadvantageous to the defendant.

In full view of these circumstances and the Defendant’s age, character and conduct, background and consequence of the crime, the method and consequence thereof, and the scope of recommending sentencing guidelines for the crime of this case (one year to two years), the thief group, the general property theft, the basic area of the 4th category intrusion larceny [a mitigation element: livelihood type crime, punishment nonwon, aggravated element: night-time destruction and damage, and special nature]. In full view of these circumstances, the lower court’s sentence against the Defendant is 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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