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(영문) 부산지방법원 2019.08.22 2019노1326

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (unfair punishment for five months) shall be inappropriate;

2. The lower court determined that the sentence was imposed by comprehensively taking account of the recovery of damaged goods and the case where the judgment was rendered simultaneously with the criminal facts that became final and conclusive.

There is no change in sentencing elements in the appellate court.

Although the sentencing criteria do not apply to the latter concurrent crimes of Article 37 of the Criminal Code, this court does not seem to be unfair considering the sentencing criteria of larceny, and other factors of sentencing, even if the court re-examines the sentencing criteria of larceny and other factors of sentencing.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.