logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.06.20 2013노213
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the various sentencing conditions in the instant case, the punishment imposed by the lower court (three years of imprisonment, one above one and two subsequent confiscations) is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant confessions all the criminal facts of the instant case and repents his mistake; and (b) the money and valuables that the Defendant stolen as a result of the instant crime did not exceed 133,000 won.

However, in full view of the fact that the Defendant had been punished several times for the same thief crime, in particular, the Defendant committed the instant crime again at one year after having been sentenced to a punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the execution thereof has been completed, and that the imprisonment with prison labor for three years sentenced by the lower court is the lowest sentence possible to be sentenced to the Defendant, and other various sentencing conditions specified in the instant pleadings, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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 appeal is groundless.

arrow