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(영문) 부산지방법원 2018.11.08 2018노3270
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.

Defendant has been punished for larceny, attempted larceny, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes up to nine times. It constitutes a repeated crime of the same kind. In light of the risk, etc. of the method of the instant crime, strict punishment is inevitable, and there is no new change in circumstances that could change the punishment of the lower court in the first instance.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, living environment, motive of the crime, and circumstances after the crime, as shown in the deliberation by the court below and the party, the punishment imposed by the court below is not hot within the reasonable scope of discretion.

3. Accordingly, 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. It is so decided as per Disposition.

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