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(영문) 부산고등법원 2016.11.02 2016노574
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected, that the defendant committed the crime of this case in order to raise living expenses, and that the defendant did not relatively heavy property damage caused by the crime of this case.

However, in light of the following: (a) the Defendant had the history of serving five times a sentence for the same crime; (b) the Defendant has been subject to criminal punishment once a suspended sentence; and (c) the Defendant has the history of serving two times a prison term for the same crime; and (d) the Defendant again committed the same kind of criminal act as the Defendant did not have completed the execution of imprisonment for the same kind of crime; (b) the victims have agreed with the victims or did not take measures for the recovery of damage; and (c) other various sentencing conditions specified in the instant argument, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the crime

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

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