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(영문) 대구지방법원 2015.09.04 2015노2762
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is a case that repeatedly steals property owned by the victims by intrusion on other's residence by means of damaging correction devices over a total of ten times from December 25, 2013 to February 15, 2014, such as the confession of the crime of this case and the fact that the criminal proceeds that the defendant actually acquired by the crime of this case appear to be less than the above amount of damage. However, the crime of this case was committed under favorable circumstances, such as the fact that the defendant was sentenced to criminal punishment several times for the same crime (including punishment four times) and that the defendant was sentenced to punishment on the same kind of crime, and that the defendant did not appear to have been sentenced to considerable punishment for the crime of this case until the end of the crime of this case by taking into account the frequency of the crime, the method of the crime of this case and its interview, and the danger of the crime itself, which could expand or develop as serious crimes, and there is no reason to believe that the crime of this case was committed by the court below during the period of punishment of this case as well as the defendant's 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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