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(영문) 부산지방법원 2017.05.18 2017노1103
상습특수절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and four months) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflected the crime of this case, and that part of the damage was returned to the victims.

However, the Defendant was released on October 28, 2015 after being sentenced to imprisonment with labor for the same crime on December 5, 2014 and on January 24, 2016, and was released on parole on October 28, 2015, and on January 24, 2016, constitutes a repeated crime by committing the instant crime only for seven months after the parole period has elapsed. The instant crime was committed by the Defendant, which habitually stolen property worth KRW 145,58,005 over twenty-three times during the month, and the amount of damage is heavy, and the damage is heavy; the Defendant was punished three times for the same crime (one time, one time, and two times, a suspended sentence); the damage recovery has not been completed; the Defendant’s age, sex, environment, etc., and other various sentencing conditions indicated in the instant theory and changes, the sentence imposed by the lower court is not heavier.

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

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