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(영문) 부산지방법원 2015.11.26 2015노3172
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. That the degree of damage is not obvious, and that there was a decision of unconstitutionality by the Constitutional Court on the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the defendant, and the defendant was punished for habitual larceny under the minor criminal law through a retrial, etc.

However, even before the defendant had been punished several times for the same crime, considering unfavorable circumstances, such as the fact that the defendant committed the crime of this case again during the period of repeated crime due to the same criminal record and the fact that the damage was not recovered at all, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's above 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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