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(영문) 부산지방법원 2018.12.19 2018노3623
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too heavy.

2. In full view of all the conditions of the argument and the record of the instant case including the circumstances unfavorable to the Defendant (the fact that the lower court again committed the instant crime during the period of repeated crimes even though having been punished several times for the larceny crimes, the crime was committed repeatedly during the short term, the circumstances after the commission of the crime are not good) and favorable circumstances (such as where certain damaged items have been returned) as stated in the reasoning of sentencing, the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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