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(영문) 부산고등법원 2017.01.26 2016노776
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. We examine the judgment of the court below. The defendant recognized all of the crimes as stated in the judgment of the court below and divided his mistake.

Although there is no reason to consider the fact that the above victim does not want punishment against the defendant under an agreement with Samsung Card and Cze Card as stated in the judgment of the court below, each crime committed by the defendant was stolen of the victim's credit card and body tape card and mobile phone, and used such stolen credit card as stated in the judgment of the court below, and the nature of the crime is very serious in light of the motive, circumstance, contents, means, methods, and result of the crime. Nevertheless, the defendant did not reach an agreement or complete recovery of damage between E and the victims of the fraud of the mobile phone theft crime until now, the defendant was sentenced to two years of imprisonment on January 15, 2014 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at Busan District Court, and the execution of the sentence was terminated on October 26, 2015, and the defendant's punishment was repeatedly imposed on several occasions, and thus, the defendant's remaining grounds for punishment and the defendant's remaining grounds for the punishment are no more than the minimum punishment period of the crime of this case.

3. If so, the defendant-appellant.

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