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(영문) 부산지방법원 2015.09.23 2015노2572
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is deemed to be too unhued and unfair.

2. One copy of the board, although the crime is not good for the defendant to commit the crime of this case during the period of repeated crime resulting from the same crime, and committing the crime of this case, the crime of this case is recognized and against the victim. The degree of damage of this case is relatively small, and the statutory punishment is punished by applying the provisions of habitual larceny under the Criminal Act more minor criminal law due to the decision of the unconstitutionality of the pertinent provision on the punishment of habitual larceny. In full view of all other matters concerning the facts surrounding the crime of this case, including the background of the crime of this case, the age, occupation, character and conduct, environment, circumstances after the crime, etc., the judgment of the court below is judged to be appropriate, and the prosecutor's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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