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(영문) 부산고등법원 2013.06.05 2013노168

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal No. 1 of the judgment of the court below

(a) The 2-year suspended sentence and the 1-year judgment with respect to the crime; and

(b)10 months imprisonment with prison labor for and for the crimes of paragraphs (1) and (2) are too unreasonable;

2. It is recognized that the Defendant’s mistake is against his own mistake, that there is an agreement with the victim in the case of special larceny, and that there are circumstances that can be considered in the course of the crime in the case of bodily injury.

However, even though the defendant had been already subject to juvenile protective disposition several times due to special larceny, he/she again commits special larceny; in the case of special larceny, he/she steals precious metal equivalent to a million won in combination with his/her accomplices; in light of the circumstances and contents of the crime, the crime was committed repeatedly even though he/she knew that he/she was in the course of his/her designated acceptance; in particular, in the case of obstruction of performance of official duties, he/she assaulted and escaped the police officer who tried to execute a warrant of arrest against himself/herself; and in full view of the various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct, occupation, environment, and circumstances after the crime, etc., the defendant's punishment is too unreasonable. Therefore, the defendant's assertion of unfair sentencing is without merit.

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