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(영문) 부산고등법원 2015.12.02 2015노577

특정범죄가중처벌등에관한법률위반(절도)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) imposed by the lower court against the Defendant is too unreasonable.

B. A prosecutor 1) In light of the fact-finding on the part of habitual larceny (the acquitted part of the judgment of the court below) and the fact-finding that the defendant stolen precious metals from W, “W,” and “Y,” immediately after having taken place from “Y,” the defendant was punished several times for committing a crime of the same kind of act which stolen precious metals by pretending customers in the gold bank, and the defendant was recognized as having an intention of theft at the time of the first investigation into the police, and the defendant’s statement on the reasons why the above bank was entered is inconsistent, and the defendant’s statement is not consistent, and it is reasonable to deem that the defendant renounced and renounced the theft because the defendant did not have an opportunity for theft because he did not have another customer at each of the above banks, the court below found the defendant not guilty of this part of the charges by misconceptioning the facts. 2) In light of the fact that the defendant committed the crime of larceny at the time of committing the crime of this case, the court below found the defendant guilty at the time of committing the crime of mental and physical disability.

3 The sentence of the lower court on the Defendant of unreasonable sentencing is too unhued and unreasonable.

2. Determination

A. Before the judgment on the grounds for appeal ex officio, the case is examined ex officio, and Article 329 of the Criminal Act in Paragraph (1) is again applied within three years after the execution of the sentence is completed or exempted after the prosecutor was sentenced twice or more to the crimes provided for in Paragraph (1) or (2) of Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes.