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(영문) 부산지방법원 2015.01.29 2014노4573
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant led to the confession of the instant crime and appears to repent of his mistake, and that the amount of damage is not a relatively high amount.

However, in full view of the following factors: (a) the lower limit of statutory penalty is three years; (b) the lower court sentenced the lowest sentence that has been mitigated by taking into account the favorable circumstances for the Defendant; (c) the Defendant again committed the instant crime during the period of suspended execution due to the same kind of crime; (d) the victims have not been agreed upon or has not been recovered from damage; and (e) the Defendant’s age, character and conduct; (e) the motive, means and method of the instant crime; and (e) the circumstances after the instant crime were committed, the lower court’s sentence is deemed appropriate.

Therefore, the defendant's assertion is without merit.

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. It is so decided as per Disposition.

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