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(영문) 부산고등법원 (창원) 2014.12.03 2014노293

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (three years and six months of imprisonment) is too unreasonable.

2. The judgment factors or objective and neutral sentencing factors favorable to the defendant are acknowledged, such as the fact that the defendant is provoking to all the crimes of this case, most of the stolen objects were recovered, the victim C, L, and M did not want to be punished against the defendant, the defendant voluntarily present at the police station and voluntarily surrenders to the defendant after the escape crime, and the defendant's accommodation appears to have experienced a considerable economic difficulty.

However, the crime of larceny, which is recognized by evidence, evidence law, and legal principles, was committed in the extension line of the larceny crime which was habitually committed since 2003 by the Defendant. The Defendant already committed the crime of larceny in August 2003, 200, and 1 year and June 2008, and 2 years of imprisonment due to the same crime in 2008, and 3 years and 6 months of imprisonment with prison labor due to the same crime in 2010, and 3 years and 3 months of imprisonment, and there is a high possibility of criticism repeatedly (in particular, it was committed the crime of this case during the repeated period in which the execution of the final sentence was completed, and it was revealed that the Defendant was subject to a fine of KRW 300,000,000,00,000, which was committed by the prior criminal act, and that there was a lot of money and valuables that were still parked in the police society.