beta
(영문) 부산지방법원 2018.10.26 2018노2649

특수절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The lower court rendered a sentence by taking into account the circumstances unfavorable to the Defendant, as well as favorable to the Defendant.

When comprehensively taking into account the conditions for sentencing, the applicable sentencing, and the sentencing guidelines in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion.

There is no other circumstance in which it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because it is too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition (Article 330 of the Criminal Procedure Act on the grounds that the "Article 331(1) of the Criminal Procedure Act" in the second column for the application of the Act on the Punishment of Criminal Procedure is apparent that the "Article 330 of the Criminal Procedure Act" was erroneously omitted. Thus, it is corrected to add it ex officio in accordance with Article 25