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(영문) 부산고등법원 2018.08.16 2018노340
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that part of the damaged items were returned to the victims, that the defendant's employment after release was not easy, and that it was not easy for his family members to live out of the country.

However, despite the fact that the Defendant had been punished for the same kind of crime several times, he was released from prison, and again committed the larceny of this case during the repeated crime period.

The number of crimes has reached a total of 5,500,000 won and the sum of the amount of damage is not sufficient to constitute crimes.

Until the first instance, most victims did not receive or agree on a letter.

In addition, the defendant's age, sex and environment, motive, means and consequence of the crime, the conditions of the sentencing as shown in the argument of the case, including the circumstances after the crime, and the conditions of the sentencing compared with the original judgment, and the sentencing of the lower court that sentenced the lowest sentence within the scope of the sentencing was exceeded the reasonable scope of discretion.

Considering the fact that it is difficult to see, the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the sentence of the court below is too unreasonable.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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