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(영문) 대구고등법원 2018.11.15 2018노354
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the various sentencing conditions in this case (two years of imprisonment with prison labor).

Judgment

Examining the various sentencing conditions in the instant case, the Defendant appears to have committed the instant crime, including the following: (a) the Defendant committed the instant crime; (b) the stolen goods were food, such as canned type, and their total value was not much significant; (c) the victims were returned by the discovery of some thefts inside the vehicle at the time the Defendant was arrested; and (d) the Defendant appears to have served as one of the motives leading up to the commission of the crime; (b) at the time of the prosecutor’s investigation, the Defendant was aware that he would be subject to aggravated punishment when he committed the crime during the period of repeated crime; (c) although he was aware of being subject to aggravated punishment, he did not have good health and was unable to adapt to social life; and (d) committed a crime by selling it through the Internet page in the same country as the Republic of Korea without any means to impose money (Evidence record 147); and (d) the Defendant did not prevent the Defendant again in the future, even if having been suffering from the heart disease, etc. (disabled class 4).

Along with the fact that there are circumstances under which the breath sentence was applied to the defendant, the defendant's punishment who was the captain of the ship is the captain's cancer and died recently, and the defendant also did not breath due to disease such as high blood pressure, etc., which is favorable to the defendant.

However, the crime of this case was committed by the Defendant, in the past, by taking advantage of the gap in the surveillance of managers in large stores such as Eart in the past, and was habitually stolen, and was sentenced to imprisonment on June 25, 2013 and on November 29, 2015, with prison labor until November 29, 2015, and was habitually committed under the same law after the release, and was sentenced to imprisonment with prison labor for one year and six months.

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