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(영문) 대구지방법원 2015.11.13 2015노3653
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 through intrusion upon a third party's residence by means of destroying correction devices using various tools, such as dracks, etc. at night from December 2, 2013 to May 2015, the crime of this case is very poor in view of the fact that the defendant committed the crime of this case, the amount of damage caused by the crime of this case was confiscated to an investigative agency and returned temporarily, and most of his family members are to be supported. However, the crime of this case is committed in the same manner as the crime of this case, such as the period and frequency of the crime, the frequency of the crime, the number of crimes and their interview, and the danger of the crime itself which can expand or develop as a serious crime, and the defendant's new punishment of this case was committed after being sentenced to imprisonment with prison labor and most of the damage was not restored to the victim and most of his family members, and there is no reason to view the defendant's new punishment for the same crime of this case as the crime of this case since it had not been sentenced to imprisonment for the same age of this case.

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.

(b).

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