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(영문) 부산지방법원 2016.12.08 2016노3790

특수절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment, confiscation, etc.) imposed on the Defendant by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The defendant and the prosecutor's arguments are examined together.

There are extenuating circumstances such as the confession of each of the crimes in this case by the Defendant, the first offender, the agreement with the victim C in the original trial, and the agreement with the victim F, T, J, AC, R, and W, the remaining victims did not express their intent to punish the Defendant at the investigation stage, and all the damaged goods were temporarily returned to the victims.

However, the crime of robbery and special larceny of this case committed each of the crimes of this case by: (a) the Defendant intruded the structure or residence with a knife that is a deadly weapon and prepared robbery; (b) cutting off the vehicle kis from the body of the victim located on the part of the main body of the victim, which is the victim's own knife and cutting off the vehicle; and (c) the Defendant committed each of the crimes of this case by making 10 recommendations from February 2016 to July 2016. Considering the fact that the nature of the crime was serious in light of the period of the crime and the form of the act, and other various circumstances, such as the Defendant's age, character and behavior, environment, family relationship, the means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions of sentencing specified in the records and arguments of this case, it cannot be deemed that the punishment imposed by the lower court is too heavy or unreasonable.

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 since all of the appeal filed by the defendant