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(영문) 부산고등법원 2013.03.27 2012노706
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (three years of imprisonment) is too unreasonable.

2. It is recognized that the decision-making defendant is provoking to not repeat the crime of this case more closely and more.

However, even though the defendant had been sentenced to punishment for the same kind of crime several times, he again commits the crime in this case during the period of repeated crime, the statutory penalty for the violation of 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 court below sentenced to the least amount of imprisonment with prison labor after discretionary mitigation, and considering the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments in this case, such as the circumstances after the crime, it is not recognized that the court below's punishment is too unreasonable. Thus, the

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

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