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(영문) 부산지방법원 2014.03.27 2014노163

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The Defendant’s favorable circumstance is that the Defendant’s mistake reflects his or her depth, the amount of damage is relatively small, and the Defendant’s return to society and faithfully undermines his or her studies and social life as yet, has not yet been attained.

However, in light of the above circumstances, the lower court appears to have mitigated the minimum statutory punishment, and determined the sentence of this case. The Defendant had the record of being sentenced to four times of suspended execution and fine two times for the same crime, and the crime of this case was committed by the crime of the same kind of crime, and the agreement with the victims or the recovery of damage was not made up of the fact that the crime of this case was committed by the crime of the same kind of crime, up to the trial, and other factors that are conditions for sentencing, such as the Defendant’s age, character and conduct, the motive, means and method of the crime of this case, and the circumstances after the crime, etc.

Therefore, the defendant's assertion is without merit.

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