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(영문) 부산지방법원 2012.12.27 2012노3265
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is unreasonable in light of the following facts: although the defendant is found to have committed the crime of this case while leading to the confession of the crime of this case, the defendant has been subject to punishment several times for the same kind of crime, such as special larceny, night intrusion theft, etc., and the defendant was sentenced to imprisonment of one year and six months and fine of three hundred thousand won on April 17, 2008 and again committed the crime of this case during the period of repeated crime after the execution of the sentence was completed, and there is no agreement with the victim or the repayment of damage, etc. There is no measure to recover damage, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of this case is not less than three years, and one year and six months, which was sentenced by the court below, is the lowest sentence that can be sentenced after mitigation of the amount to the defendant without any other legal reason.

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.

[However, the judgment of the court below correct ex officio that "one year and six months and fine of three million won" under the Act on the Aggravated Punishment, etc. of Specific Crimes are "one year and six months and fine of three million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the grounds of the judgment below as "one year and six months and fine of three hundred thousand won".

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