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(영문) 부산고등법원 (창원) 2015.02.04 2014노361

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On November 21, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for robbery, injury, or robbery at the Changwon District Court for the crime, and on August 26, 201, at the Changwon District Court for a total of 17 times from September 8, 2008 to November 2, 201, and the market price of 5,945,00 won was stolen or attempted to steals property at the 3rd time during the crime, and the Defendant was sentenced to one year and six months of imprisonment with prison labor for the crime committed against the Act on the Aggravated Punishment, etc. of Specific Crimes. From 200 to 3rd time before the enforcement of the Act on the Aggravated Punishment, etc. of Specific Crimes, it was highly probable that the Defendant used to habitually stolen property during the period from 10 to 20 days before the enforcement of the Act on the Aggravated Punishment, etc. of Specific Crimes. The Defendant was also sentenced to imprisonment with prison labor for a limited period of 20 to 16 months before the end of the Act.