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(영문) 부산고등법원 2013.08.22 2013노315
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions in the instant case, there are circumstances favorable to the Defendant, such as the fact that the Defendant confessions all the criminal facts of the instant case, and repents his mistake, that the amount of damage incurred by the instant crime is relatively large, and that the Defendant is a recipient of basic livelihood security with disabilities cut down from the right arms.

However, in full view of the following facts: (a) the Defendant committed the instant crime under the same veterinary method once more than three months after having been sentenced four times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) the imprisonment with prison labor for three years sentenced by the lower court is the lowest sentence that can be sentenced to the Defendant; and (c) other various sentencing conditions specified in the instant pleadings, including the Defendant’s age, character and conduct, and family relationship, 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. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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