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(영문) 부산고등법원 2020.02.06 2019노552
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The lower court, on January 2019 to July 201 of the same year, rendered a sentence by considering the following factors: (a) the Defendant was punished more than 10 times due to the same type of crime; (b) the Defendant had already been sentenced more than 2 times due to habitual larceny; and (c) the Defendant again committed the instant crime during the period of repeated larceny, even if he had already been sentenced more than 2 times, and was sentenced more than 10 times; and (d) the Defendant was able to commit the instant crime; (b) the Defendant recognized all of the crimes; (c) the Defendant was committed at the construction site after release, etc.; and (d) the Defendant appears to have come to commit the crime for the purpose of economically and economically reducing distance while working at the construction site; and (d) the Defendant appears to support the de facto spouse and two children, etc., favorable to the Defendant.

In addition, considering the Defendant’s age, character and conduct, occupation, family relationship, criminal records, the means and consequence of the crime, and other various conditions of sentencing, the lower court appears to have determined the sentence subject to discretionary mitigation, taking full account of various circumstances about the sentencing including the circumstances that the Defendant was under the grounds for appeal, including the circumstances that the Defendant was under the grounds for appeal, and yet, did not recover damage, did not agree with the victims, and no special circumstances or changes in circumstances exist to change the sentencing after the lower court’s judgment. Thus, the Defendant’s allegation of unfair sentencing cannot be accepted, since the sentence imposed by the lower court is too unreasonable.

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

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