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(영문) 서울고등법원 2013.11.01 2013노2848
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Sheet (76 mp. 1) of seized strings (76 m.).

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

In light of the fact that the defendant had already been punished 11 times or more due to the same crime and repeated criminal acts of this case at least 10 months after the execution of the previous punishment was completed, the liability for the crime of this case is not easy. However, considering the fact that the defendant recognized all of the criminal acts of this case and reflects his mistake, all of the criminal acts against the three vehicles parked in the same place are attempted, the victim G, J and agreement with the victim, the defendant suffered from her Hemal heart disease, urology, urology, etc. as a deaf, and the defendant suffered from health conditions, such as age, family relation, criminal records, personality and conduct, environment, means and method of the criminal act, and the circumstances after the criminal act, etc., the above defendant's argument that the above defendant's punishment is unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 329 of the Criminal Act concerning criminal facts and Articles 5-4 (General Provisions and Selection of Imprisonment) of the same Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Legal mitigation under Articles 11 and 55 (1) 3 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., grounds for reversal);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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