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(영문) 부산고등법원 (창원) 2014.01.24 2013노389
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the accused (three years of imprisonment) shall be too unreasonable;

2. Determination factors are recognized, such as the fact that the Defendant recognized his criminal act and expressed his attitude to repent, the fact that the Defendant voluntarily surrendered to the investigation agency, the fact that the Defendant agreed with some victims, and the fact that it appears to have grown in the poor family environment.

However, it is also recognized that the Defendant was punished several times due to the larceny, and that there was a history of having been sentenced three times or more due to habitual larceny, and that even one month has not yet passed since the execution of the final sentence was completed, the Defendant began to commit the larceny under the same several methods and repeatedly committed the larceny in several times during the period of the repeated crime, and the liability for the crime was grave, the victims did not recover from their damage, and the victims did not receive suspicion from most victims.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

[However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the sentence of the first instance shall be deemed to be "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" in the second and fifth stages of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter "the Act on the Aggravated Punishment, etc. of Specific Crimes"), and the "total sum of pages 11 and 7" shall be deemed to be "amount equivalent to 6,630,000 won" and shall be corrected.

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