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(영문) 부산고등법원 2014.03.20 2014노4

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the first instance court in the summary of the grounds for appeal is too inappropriate.

2. It is recognized that the judgment defendant divided his mistake and agreed with the victim.

However, the crime of this case is deemed to have committed the crime of this case even though the defendant had been already punished several times due to the crime of larceny of the same kind, and even before one month has passed from the time when the execution of the final punishment was terminated, it is grave to form the crime of this case. The statutory punishment of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) is imprisonment with prison labor for life or for not less than six years, and the first instance court has selected a limited term of imprisonment and sentenced to three years to the lowest amount of imprisonment. In addition, considering the defendant's age, character, character and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the situation after the crime, the first instance sentence is too unreasonable. Thus, the defendant'

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