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(영문) 부산지방법원 2014.11.20 2014노3387
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is too unreasonable in light of the fact that the defendant confessions the crime of this case, repents his mistake, and the defendant led to the crime of this case since his own health was omitted.

2. The crime of habitually violating the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) due to habitual judgment is three years with the lowest statutory penalty, and the court below seems to have sentenced three years with due consideration of the circumstances favorable to the defendant. In the first instance court, there is no special change in circumstances that would be different from the statutory punishment. The defendant has been punished for the same crime more than five times (four times of imprisonment, one time of fine). In particular, the defendant again committed the crime of this case during the repeated crime period; the damaged amount is more than 46 million won; the victims did not agree with or recover from damage; the victim did not reach the trial; and the court below’s age, character and conduct, the motive, means and methods of the crime of this case, and the circumstances after the crime, etc. do not require mitigation of the sentence of the court below.

Therefore, the defendant's assertion is without merit.

3. 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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