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(영문) 부산지방법원 2017.12.01 2017노3539
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. The judgment seems to be against the defendant's wrongness, and it is recognized that not only K K that the defendant promised to marry with the defendant, but also the victim wanted to find the defendant's wife against the defendant.

However, even though the defendant had been punished three times for the same crime, he committed the crime of this case during the period of repeated crime.

Such a crime repeatedly committed by a defendant may lead to a serious crime such as quasi-Robbery, etc., and thus, the risk is very high.

The lower court did not reduce the amount of punishment by taking account of the sentencing conditions of the Defendant as shown in the records and pleadings, and sentenced the sentence equivalent to the lower limit of statutory penalty (two years to twenty years of imprisonment). Such sentence of the lower court cannot be deemed to be unfair because it is too large.

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

3. The appeal by the defendant is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act (Article 25 of the Rules on Criminal Procedure): Provided, That the judgment of the court below ex officio pursuant to Article 25 of the Rules on Criminal

1. Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by adding "No. 1" to "Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes").

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