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(영문) 광주고등법원 2016.03.24 2015노595
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B shall be punished by imprisonment for not less than three years and six months.

Defendant

A.

Reasons

1. Each sentence of the lower court (three years and six months each imprisonment) against the Defendants on the summary of the grounds of appeal is deemed to be too unreasonable.

2. Determination

A. Prior to the judgment on Defendant B’s ex officio decision on the grounds for appeal, the Prosecutor deleted “Paragraph 1” from among “Article 5-4(5) and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and added “Paragraph 1,” among the facts charged, filed an application for amendment to a bill of indictment with the effect of deleting “a person who has a thief and has a thief,” and the subject of the judgment was changed by this court’s permission, and thus, the judgment of the court below was no longer maintained.

B. In full view of the following circumstances: (a) Defendant A’s judgment on the unjust assertion of sentencing had the history of having been sentenced to imprisonment several times as a single crime; (b) Defendant was sentenced to imprisonment for a period of three years and six months on June 2012 with prison labor for habitual larceny; and (c) repeated commission of the theft crime in this case for only four to five months after the completion of the enforcement; (d) Defendant did not take measures to recover damage even when the amount of damage reaches a considerable amount; (c) Defendant’s sentencing guidelines at the Sentencing Committee; (d) Defendant’s age, sex and family environment; and (e) Defendant’s age, background leading to the instant crime; and (e) circumstances after the instant crime, etc., the lower court’s sentence is too unreasonable.

Therefore, the above defendant's assertion is without merit.

3. If so, the part of the judgment of the court below regarding Defendant B is reversed ex officio as seen above, and without examining the above Defendant B’s argument about the above sentencing, the part of the judgment below among the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading. Since Defendant A’s appeal is without merit, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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