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(영문) 부산고등법원 2018.04.18 2018노54
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment) is too heavy or unhued so as to be unreasonable.

2. The judgment of the Defendant is contrary to the recognition of the instant crime.

Some damaged articles were restored to the victim, and victim C does not want to be punished by the defendant.

However, the defendant has been punished several times for committing the same crime, such as habitual larceny.

On October 27, 2016, the instant crime began to be committed during the period of repeated crime due to the same crime, and the Defendant committed the instant crime on April 10, 2017, which was sentenced to eight months of imprisonment with prison labor for larceny, and was released from prison and released from prison.

The damage caused by the defendant's crime has not been considerably recovered, and most victims have been punished.

In addition to these circumstances, in full view of the Defendant’s age, sex, environment, motive, background, means, and consequence of the commission of the crime, etc., there are no new circumstances that may change the sentence of the lower court in the trial at the same time, such as the circumstances after the commission of the crime, etc., and the fact that it is reasonable to respect the sentencing of the first instance where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

It does not seem that it does not appear.

All the arguments of the defendant and the prosecutor are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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