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(영문) 부산고등법원 (창원) 2019.07.17 2019노158

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

The defendant recognized the crime of this case and divided the mistake in depth, and some of the damage of this case were returned to the victims, etc. are favorable conditions to the defendant.

On the other hand, the crime of this case is committed in two times at night and by theft of precious metals, etc., in light of the contents and circumstances of the crime, etc., of the crime committed. Although there are many records of punishment for the same kind of crime, the defendant habitually committed the crime of this case within a short time after release, and most of the stolen money and valuables are not recovered even if they were not able to have much value.

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, all of the sentencing conditions as shown in the instant argument, including the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Commission (two to four years of imprisonment), it is not determined that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.