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(영문) 부산고등법원 2013.12.05 2013노450

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

2. The judgment of the Defendant is against the Defendant’s wrong recognition of his fault, and there is no relatively heavy damage to the Defendant’s crime of this case, and there are circumstances favorable to the Defendant, such as the fact that goods damaged to the Victim G were seized and temporarily returned, and the Defendant’s health.

However, in full view of the following facts: (a) the instant crime committed was sentenced three times to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to three times on May 20, 2012, and the Defendant who completed the execution of the final sentence was habitually stolen on two occasions; and (b) the nature of the instant crime was serious; and (c) the lower court sentenced the lower court to the maximum sentence on various sentencing conditions indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, and circumstances after the instant crime; and (d) it is not deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.