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(영문) 부산고등법원 2017.08.30 2017노301

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. Recognizing the gist of the grounds for appeal (unfair sentencing) and against the mistake, the same crime will not be repeated.

In light of the fact that there are various kinds of forms of crime, living conditions as recipients of basic living, depression, etc., damage is minor and partial damage has been returned, and some victims are not punished against the defendant, and the health is not good, the sentence of the court below (three years of imprisonment) is too unreasonable.

2. The lower court, based on its stated reasoning, sentenced the maximum sentence within the applicable sentencing range (three years to fifty years) aggravated for repeated crimes, taking into account the circumstances as set forth in its reasoning.

The favorable circumstances asserted by the Defendant on the grounds of appeal were already considered in the sentencing process of the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

In addition to these circumstances, considering comprehensively taking into account all the sentencing conditions under Article 51 of the Criminal Act, the scope of the recommended punishment according to the sentencing guidelines as shown in the deliberation by the court below and the party, the sentence of the court below is too unreasonable as the grounds for appeal are too unreasonable.

Defendant’s assertion is without merit.

3. 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 for conclusion is without merit.

참조조문