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(영문) 부산고등법원 2014.1.16.선고 2013노503 판결
특정범죄가중처벌등에관한법률위반(절도),일반건조·물방화,사기미수,도로교통법위반(무면허운전),점·유이탈물횡령
Cases

2013No503 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and general building

Water fire prevention, attempted fraud, Violation of the Road Traffic Act (Non-licensed Driving);

Batables of cephals

Defendant

A

Appellant

Defendant

Prosecutor

Kim Yong-Jak, Jin Jin, GinJina, Mazin, Mazin, Heung-Pap, Final Gyeongsung, Mazin, Kim Jong-k

(A)An indictment or stuff (public trial)

Defense Counsel

Attorney B

Judgment of the lower court

Ulsan District Court Decision 2013Gohap45,69,78,106 (each of them) Decided September 6, 2013

Judgment

Imposition of Judgment

January 16, 2014

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

In light of the various sentencing conditions of the instant case, the sentence imposed by the lower court (five years of imprisonment, No. 1 to 18) is too unreasonable.

2. Determination

Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant has led to the confession of all the criminal facts in the instant case and committed a misunderstanding, and that the Defendant appears to have endeavored to faithfully find employment at the workplace after release and to lead a life in the workplace.

However, even though the Defendant had been punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant committed the larceny repeatedly for about 68 months during the period of repeated crimes, and the amount of damage to the larceny is about 43 million won, and no damage is recovered without agreement with the victims, and the Defendant committed the fire prevention to conceal the larceny crime, and other various sentencing conditions shown in the instant argument, such as the Defendant’s age, character, character and behavior and environment, it is not recognized that the sentence imposed by the lower court against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Conclusion

Thus, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Judges

Kim Jong-cheon (Presiding Judge)

Gangwon-domen' accommodation

Freeboard Kim

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