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(영문) 광주고등법원 (전주) 2018.09.04 2018노80
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The lower court determined that the Defendant committed all of the instant crimes, and against his mistake, and that the amount of damage to the instant crime is a small amount, etc. is favorable to the Defendant.

However, although the defendant did not have the intent or ability to pay hospital fees, and on the other hand, committed the crime of this case under the same veterinary act repeatedly even though he had the record of criminal punishment, such as taking away the assets of patients in a hospital room and repeatedly sentenced to criminal punishment without paying hospital fees, and committing the crime of this case without being aware of the crime from the date when the defendant was released from prison, and committed the crime of this case from the date when the defendant was released from prison, and committed the crime of this case without being aware of it during the period of repeated offense, the defendant did not receive a letter from the victims, and was making efforts to recover damage.

In full view of the circumstances unfavorable to the defendant, such as the absence of materials to see, and all other sentencing conditions, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence, etc., the sentence of the court below is too unreasonable.

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

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