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(영문) 부산지방법원 2009.03.26 2009노256
특정범죄가중처벌등에관한법률위반(절도) 등
Text

All appeals by the Defendants are dismissed.

Defendant

A shall be under confinement in the first instance before this judgment is pronounced.

Reasons

The gist of the grounds for appeal by the Defendants is that the sentencing of the lower court against the Defendants (the sentencing of the Defendants A, B, 3 years of imprisonment, and 1 year and 6 months of imprisonment) is too unreasonable in light of the following: (a) the Defendants are deeply divided into the instant crimes and are against themselves; (b) the age of the Defendants is adequate for young people; and (c) the Defendants are living in good faith without committing a second offense.

In addition to taking five juvenile protective disposition for special larceny, Defendant A again committed the instant crime within the repeated crime period, even though he was sentenced to a punishment for violation of the Punishment of Violences, etc. Act and special larceny, etc., Defendant B also received four juvenile protective disposition for special larceny, etc., as well as committed the instant crime again before one month has passed since the execution of the final sentence was completed. Defendant C also had the record of receiving juvenile protective disposition for larceny, etc., and Defendant C also had the record of receiving juvenile protective disposition for a short term of four years after being sentenced to imprisonment, for a short term of three years after being sentenced to punishment for violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (special robbery, etc.) at the Busan District Court on July 16, 2004; Defendant B continued to have been sentenced to imprisonment with prison labor for a short term of three years after being sentenced to imprisonment with prison labor for the said crime and for an injury to the victim during the execution of the sentence, etc., and continued to have been sentenced to imprisonment with prison labor for the said crime and for robbery of this case before the lapse of 27.

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