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(영문) 부산고등법원 2014.11.26 2014노505

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant was committed in all of the crimes of this case, and his mistake is repented in depth, and that the defendant did not want the punishment of the defendant by mutual consent with the victim K.

However, the crime of this case was committed on 12 occasions by the Defendant, which stolen property worth KRW 21 million in total due to intrusion upon the victims’ residence, and is a matter of heavy importance. The crime of this case was committed, and the quality of the crime was bad, and the Defendant was sentenced to imprisonment for 1 year in 2004 and 2 years in imprisonment for 2 years in 2005, 3 years in 2008, 6 years in 2008, and 3 years in 2010, despite the past record of being sentenced to imprisonment for 2 years in 2005, 6 months in 20 years in 200 and 3 months in 200, the Defendant committed each of the crimes of this case as well as 6 months in 20 years in 200, 3 months in 200 and 6 months in 200, even if the execution of the final sentence was completed, even though the Defendant did not recover considerable part of the damage, and the sentencing conditions of this case including the Defendant’s age, character and environment, means and result.

Therefore, the defendant's assertion is without merit.

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

[However, since it is apparent that "a report of investigation (Attachment to the same type of judgment)" has been omitted in the previous ruling in the summary of evidence, it shall be corrected to add it in accordance with Article 25 of the Rules on Criminal Procedure.]