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(영문) 부산고등법원 2014.07.16 2014노221
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable because of the court below's imprisonment (the four years of imprisonment).

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was committed both the instant crime and the Defendant did not repeat again; and (b) the amount of KRW 3.5 million out of the amount of damage inflicted upon the Victim H was returned.

However, despite the fact that Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes was applied to the crime that the Defendant was sentenced to imprisonment seven times only for habitual larceny crimes, in particular, the Defendant committed a theft or attempted to steal money and valuables in the bath room, and there was a record of being sentenced to imprisonment for three years in 2007 and three years and six months in 2011, the lower court’s sentence is inappropriate on the following grounds: (a) the Defendant committed a theft of the victims’ money in the bath room in multiple times; (b) the Defendant did not make efforts to recover damage even though the amount stolen was not large; (c) the Defendant took a significant portion of the stolen money as entertainment expenses; (d) the Defendant took advantage of the age, character and environment of the Defendant; (e) the motive, means and consequence of the crime; and (e) the sentencing guidelines set forth in the sentencing guidelines of the Sentencing Committee after the crime; and (e) recommendations, etc. based on the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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