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(영문) 대구지방법원 2014.08.29 2014노2070
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of the court below was given two times (one year and six months), and the defendant was sentenced to imprisonment (one time a prison term, one time a suspended sentence, one time a fine) for habitual larceny whose crime is similar to the crime of this case, and the defendant committed the crime of this case during the period of repeated crime without being informed of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (one year and six months a prison term), the sentencing guidelines of the Supreme Court for the crime of this case [basic crime: Habitual repeated crime of larceny of 1, repeated crime of 450,00 won (one time a prison term, one time a suspended sentence, and one time a fine)]. However, the defendant had the record of punishment five times as to the same crime of this case. The defendant did not appear to have been sentenced to imprisonment with prison labor (one year and six months a prison term), and the defendant committed the crime of this case during the period of repeated crime of 1,500,0000 won or more. The defendant's punishment guidelines for habitual crime of larceny, repeated crime of 1 (general punishment, repeated crime of th punishment, one year and six years and six years imprisonment.

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

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