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(영문) 부산고등법원 (창원) 2020.01.15 2019노305
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (such as imprisonment with prison labor for three years) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) five of the 14 times of the total crime was attempted; (c) the total amount of damage was merely about KRW 1.27,00; and (d) the Defendant’s health status was not good.

On the other hand, the crime of this case is committed in a manner similar to the previous crime without being aware of the fact that the defendant committed the crime of this case, even though he had been punished several times due to the same kind of crime, even though he had a record of being punished several times due to the same crime, and the defendant did not reach an agreement with the victims until now and did not compensate for actual damage.

In full view of the above circumstances and the Defendant’s age, character and conduct and environment, the motive and background leading to the instant crime, the means and methods of committing the crime, and the circumstances after committing the crime, etc., all the sentencing conditions as shown in the instant argument, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (two to four years of imprisonment) cannot be determined as unfair because the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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