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(영문) 부산지방법원 2017.08.25 2017노1862
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. While the Defendant was sentenced to imprisonment with prison labor for more than three times due to larceny, etc., he again committed the instant thief crime during the same repeated crime period. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that the Defendant shall be punished by imprisonment with prison labor for more than two years but not more than twenty years.

The court below sentenced the maximum sentence by reducing the amount of punishment under Article 53 of the Criminal Act to the above statutory punishment, and the defendant is a repeated offender and thus, there is no room for reduction of punishment.

Therefore, the defendant's argument of sentencing is without merit.

3. 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 groundless.

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