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(영문) 부산고등법원 2015.07.08 2015노256

특정범죄가중처벌등에관한법률위반(절도)등

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The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the sentence of the court below's sentence against the defendant (two years of imprisonment) is too unreasonable.

Therefore, even when considering the favorable circumstances for the defendant, such as the confession and reflect of each of the crimes of this case, and the seizure and provisional return of some of the damage items of this case, each of the crimes of this case was committed by the defendant habitually several times, and thus, the crime of this case was committed with heavy nature of the crime, even though the defendant had a history of a majority of the crimes of this case, and was committed for repeated crimes due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is more likely that the defendant might be subject to criticism by putting the crimes of this case again, not agreed with the victims, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, etc., the sentence of the court below is too excessive, and thus, it cannot be seen that the discretionary power is exceeded.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.