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(영문) 부산지방법원 2015.12.10 2015노3039
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and four months of imprisonment) is deemed to be too unhued and unfair in light of the main sentence conditions of the grounds for appeal.

2. The judgment on the grounds for appeal not only has the record of having been punished several times for the same kind of crime, but also has been sentenced to imprisonment for larceny, etc. at the Busan District Court on January 8, 2014 on May 30, 201, and even after the execution of the sentence was completed on May 30, 2014, the Defendant again committed each of the instant crimes within eight days after the execution of the sentence was completed, and the victim wanted to punish the Defendant, etc., and is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant’s recognition of all of the instant offenses; (b) the Defendant was unconstitutional by the Constitutional Court on the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the instant habitual larceny by the Defendant; and (c) the Defendant was punished for habitual larceny under the minor Criminal Act more light of retrial; (d) the frequency of the instant offenses was limited to once and damaged goods were recovered; and (e) the Defendant’s age, character and conduct, growth environment, details of the instant offenses; and (e) other various circumstances, which are the conditions for sentencing as indicated in the instant records and pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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