logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.05.15 2014노158
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (four years of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.

2. Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant are as follows: (a) the Defendant, who led to the confession of all the instant crimes, divided his mistake; and (b) the value of stolen property is a relatively small amount of less than 1.5 million won.

However, even though the Defendant had been already punished several times due to the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Defendant did not abandon the habit of the larceny, and committed the thief in this case over 11 times before one year has passed since the execution of the final punishment was completed, and there was no recovery from damage to the victims, causing additional damage, such as destroying a vehicle parked in the course of committing the thief. The statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for life or for not less than 6 years. The first instance court has selected a limited term of punishment and sentenced four years near the lower limit of the punishment according to the applicable sentences and sentencing guidelines, and sentenced four years near the lower limit of the punishment according to the law, such as the Defendant’s age, character and behavior and environment, motive, frequency and method of the crime, method of the crime, circumstances after the crime, etc., it is unreasonable to deem that the sentence imposed by the lower court is too inappropriate.

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

arrow